Received
SEP 0 5 1980
DOCUMENTS UGA LIBRARIES
Compiler's Note
General Acts and Resolutions of the 1980 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2017, of Volume One. This volume is bound separately.
Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 3001. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended and filed in the office of the Secretary of State during 1979 are printed in Volume Two beginning on page 4633. Home Rule Actions by Counties filed in the office of the Secretary of State during 1979 are printed in Volume Two beginning on page 4569.
There are no numbered pages between 2473 and 3001.
The indexes are printed in each volume and covers the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter.

LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
1980
Compiled and Published by Authority of The State Received
SEP 0 5 1980 DOCUMENTS
UGA LIBRARIES
Volume II

r> ft L ftbl ilio
i/.JT

GEORGIA LAWS 1980

TABLE OF CONTENTS

VOLUME ONE

Acts and Resolutions by Numbers--Page Reference

iv

Bills and Resolutions--Act Number References ..

xiii

Acts and Resolutions of General Application _

3

Resolutions Proposing Amendments to the Constitution

2017

Vetoes by the Governor, 1980 Session

2341

Map of Counties and Judicial Circuits

2347

Appellate Courts--Personnel

2348

Superior Courts--Personnel and Calendars

2350

Index--Tabular

2360

Index--General

...

2372

Population of Georgia Counties--Alphabetically

2444

Population of Georgia Counties--Numerically

2447

Georgia Senate Districts, Alphabetically by County

2449

Georgia Senators, Alphabetically by Name

2451

Georgia Senators, Numerically by District

2454

Georgia Representative, Districts, Alphabetically by County 2456

Georgia Representatives, Alphabetically by Name

2458

Georgia Representatives, Numerically by District

2466

TABLE OF CONTENTS VOLUME TWO

Acts and Resolutions by Numbers--Page Reference

iv

Bills and Resolutions--Act Number References

xiii

Acts and Resolutions of Local Application

3001

County Home Rule Actions

4569

Municipal Home Rule Actions _j

_

4633

Vetoes by the Governor, 1980 Session

4751

Map of Counties and Judicial Circuits

4760

Appellate Courts--Personnel

4761

Superior Courts--Personnel and Calendars

4763

Index--Tabular

:

4773

Index--General

4785

Population of Georgia Counties--Alphabetically

4857

Population of Georgia Counties--Numerically

4860

Georgia Senate Districts, Alphabetically by County

4862

Georgia Senators, Alphabetically by Name

4864

Georgia Senators, Numerically by District

4867

Georgia Representative Districts, Alphabetically by County ........ 4869

Georgia Representatives, Alphabetically by Name

4871

Georgia Representatives, Numerically by District

4879

Status of Referendum Elections for the Years 1953-1979

4887

jii

ACTS BY NUMBERS, PAGE REFERENCES

Act No.
673 674 675 .... 676 677 678 679 680 681 ...... 682 683 684 685 686 .... 687 688 689 690 691 692 693 694 695 ...... 696 697 698 696 ...... 700 701 ...... 702 703 704 705 706 ...... 707 708 709 710 711 712 ...... 713 ...... 714 ...... 715 716 717 718 ...... 719

Page
3 5 7 .3003 .3007 9 .3009 .3016 .3027 10 .3030 .3034 47 . 49 50 52 53 . 54 . 55 57 . 58 ! 59 60 61 . 62 . 63 61 . 65 . 67 3038 . 68 .3041 . 69 70 .3043 . 72 .3048 . 82 88 . 90 .3053 .3058 .3060 3063 . 94 . 95 . 98

Act No.
720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 ... 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764
765 766 767

,,....
.....
... .....

Page
303 304 312 .... 314 3075 316 321 ... 3085 3087 3102 323 324 326 3105 328 3112 332 335 346 348 .... 350 351 ...3116 3119 3125 3131 3133 3134 3150 3153 353 355 ...3156 3159 ... 3161 . 3164 356 357 362 3184 3186 .3189 3194 3196 ...3198
3201 3204 3205

iv

Act No.
768 769 770 771 772 773 774 776 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807
808
809
810
811
812
813
814
815

Page Act No.

.3208 .3211

816 817

.3215 - 364 .3242 -3248 -3250 .3253 .. 365
.3257 .3259 .3262 -3265

818 819 820 821 822 823 824 825 826 827 828

.3268 .3272

829 830

.3275 .3278 ..3281

831 832
833

-3309 834

.3316 -3318

835 836

-3320 837

-3323 .3329

838 839

.3331 -3363

840 841

.3367 842

.3369 843

.3372 844

.3376 845

.3380 846

.3384 847

.3386 848

.. 366 849

.3389 850

.3392 851

.3395 852

.3398 853

.3400 854

-3403 855

.3406 856

-3407 857

.3423 858

..3426 859

..3429 860

- 367 861

.3447 862

.3463 863

V

Page
3465 3468 3470 .3473 .3476 . 369 3480 .3482 .3484 .3486 3490 .3492 3494 3496 . 374 .3499 3502 3505 .3508 .3511 .3513 .3514 .3517 .3619 . 375 . 378 3521 .3523 3527 . 380 .3530 .3533 .3539 .3542 .3545 .3555 . 383 .3557 3559 .3562
3564
.3567
.3570
.3575
.3577
3579
.3582
3586

Act No.

g64

865 .

866

-

g67

868 . gg9
g70 g71

g72 g73
874

875

876 877

878 879

880 881 882 883 884 885 886 887 888 889 890 _ 891 892 893 894 895 896 897 898 899 900 901 _ _ 902 903 904 905 906 907 .._ 908 909 910 911 912 913

Page Act No.

3588

3590 3593 3595

3597 3600
387 388
--. 390 393 394
396

399

400

402

404

405

415

416

420

422

- 426

429

-- 431

432

436

.. 437

438

439

441

443

448

450

451

452

455

458

459

461

463

465

470

472

473

- 475

:....

479

914

915 916 917 ...

918 919 ... 920 ... 921 ..
922 ... 923 924
925

926 ....

927 ...

928

929

930

931 ...

932 ...

933 .......

934

935

936 ...

937

938

_

939 ,,

940

941

942

_

943

944

945

946

947

948

949

950

951

952

953

954

955

956

957

958 ...... 1

959

487 961

VI

Page
493 495 497 498 501 503 505 507 509 511 514 516 518 519 523 526 527 528 530 534 536 542 543 547 550 551 553 555 556 561 563 566 568 571 572 576 581 585 586 587 589 590 591 593 595 596 485598 960 600 486901 962 496103 963

Act No.
964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012

Page Act No.
611 1013 616 1014 618 1015 620 1016 623 1017 635 1018 638 1019 639 1020 640 1021 644 1022 645 1023 649 1024 ..... 675 1025 r 678 1026 _... 680 1027 684 1028 685 1029 687 1030 690 1031 691 1032 698 1033 699 1034 700 1035 707 1036 709 1037 710 1038 712 1039 713 1040 715 1041 719 1042 722 1043 724 1044 731 1045 ..r__ 733 1046 736 1047 ~ 738 1048 746 1049 747 1050 749 1051 753 1052 755 1053 756 1054 758 1055 759 1056 760 1057 763 1058 765 1059 r 768 1060 770 1061
vii

; ._.
:

Page
771 773 775 782 784 3605 3607 3608 3611 3613 ......3617 3621 3625 3628 3631 3633 3635 3637 1..3640 3646 v 3644 3651 3653 3658 3661 3664 3667 3689 3691 3692 .3695 3698 805 - 3700 3702 _ 806 3707 3716 3720 3723 3724 3727 3730 820 822 824 826 828 830

Act No.
1062 1063 1064 .. 1066 . 1066 _ 1067 _ 1068 . 1069 L 1070 . 1071 . 1072 . 1073 . 1074 _ 1075 . 1076 . 1077 . 1078 . 1079 . 1080 . 1081 . 1082 .
1083 . 1084 . 1086 . 1086 . 1087 . 1088 . 1089 1090 1091 1092 . 1093 . 1094 1095 1096 1097 . 1098 . 1099 1100 1101 . 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111

Page Act No.

. 831 . 833 . 834 . 835 . 917 . 919 . 921 .. 922 .. 924 .. 925 .. 936
; 938 _ 939 .. 942 .. 952 .. 956 .. 959
| 963 .. 965 .. 966
.. 968 .. 969 .. 972 .. 976
.. 979 .. 981 _ 995 .1004 ..1005 ..1008 ..1010 .1011 .1013 ..1017 .1034 ..1038 ..1040 ..1043 ..1045 ..1046 .1048 .1049 ...3735 ...1050 ...1053 -3742 ...1059 -3753 ...1061 ...3757

1112 _ 1113 ... 1114 ... 1115 ... 1116 ... 1117 ... 1118 ... 1119 ... 1120 1121 H22 ...
H23 .... H24 .... H25 .... 1126 ... 1127 ... 1128 ...
H29 ... H36 ... H31 ..
1132 .... H33 .... 1134 ... 1135 ....
1136 .... 1137 ... 1138 .... 1139 .... H40 ... 1141 ... 1142 .... 1143 .... 1144 .... 1145 ... 1146 .... 1147 .... 1148 .... 1149 .... 1150 ... 1151 .... 1152 .... 1153 .... 1154 .... 1155 .... 1156 .... 1157 .... 1158 .... 1159 ... 1160 .... 1161 ...

viii

Page
1062 3766 1063 3769 3805 3809 1065 .1075 .1076 1081 1082 .1083 1094
.1095 .1097 1101 1107 .1108 .3812
..1118 .1119 .1121
.3815 1124 .1126 1127 .1128 1131 .1134 1136 .1142 .1145 ..1147 .1149
1150 1154 .1157 .1159 .3827 .1160 .3831 .1162 .3841 ..1163 .3852 .1169 ..1170 .1173 ..1174
.1175

Act No.
1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194
1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210

Page Act No.

Pa/je

1176 .1178 ...3855 ...3858 ...3860 . 3863 ...3866 ...3880 .3887 ...3890 .3894 .3896 .3899
...1179 . 3903 . 3905 .1185 . 3907 ...3911 ...1181 ...3914
...3918 .3921 ...3924
.3927 ...3929 . 3932 .1188
.3935 .3939 .3941 . 3950 . 3954 ..3958 . 3961 .3963 .3967 ..3970 .3972 ...3976 ...3978 ...3981 ...3983 ...3994 ...1206 ...3996 ...4000 ...1212 .4001

1211

ZL.1214

1212

:r :: 4002

1213

4004

1214

4012

1215

:

4045

1216

4050

1217

'

4071

1218

!

4075

1219

_

4080

1220 8

4085

1221

:

4088

1222

.....

4091

1223

4110

1224

~ : 4120

1225

........4122

1226

4127

1227

1222

1228

4133

1229

...4136

1230 : :

4138

1231

:r --

4140

1232^.

4143

1233

1

4147

1234

___

4149

1235

4152

1236

4158

1237 ...l

4168

1238

___

4160

1239

4163

1240

4166

1241

II

H..4169

1242 :

4173

1243 -

4177

1244

4180

1245

4184

1246

4184

1247

2

4187

1248

1 4189

1249

4192

1250 H__

4194

1251

1232

1252

4199

1253

4201

1254 1.

4205

1255

J

4224

1256 1

4226

1257

- 4230

1258

221

4232

1259

4235

ix

Act No.
1260 __ 1261 1262 1263 1264
1266 ..... 1266 ..... 1267 1268 ..... 1269 . 1270 1271 1272 1273 1274 ..... 1276 1276 ..... 1277 ...... 1278 -1279 1280 1281 1282 1283 1284 1285 1286 ...... 1287 1288 1289 1290 ...... 1291 1292 ...... 1293 ...... 1294 ...... 1295 ...... 1296 ...... 1297 1298 1299 ___ 1300 : 1301 1302 1303 1304 1305 ...... 1306 1307 1308 1309 --

Page Act No.

...4237 .4241 ...4244 ...4247 ...4250 .4255 .4258 4262 .4265 .4270 .4273 .4275 .4278 .4281 .4285 .4288 .4290 .4293 .4296 .4298 .4301 .4307 .4310 .4311 .4313 .4324 .4327 .4330 .4332 .4333 .4340 .1233 .1242 -1245 ..1247 .1249 .1251 .1297 .1254 .1256 .1261 .1266 .1269 .1279 .1280 .1282 .1286 .1288 .1292 .1298

1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 . 1329 1330 1331 1332 1333 . 1334 . 1335 . 1336 . 1337 . 1338 . 1339 . 1340 . 1341 . 1342 . 1343 . 1344 . 1345 . 1346 . 1347 . 1348 . 1349 . 1350 . 1351 . 1352 . 1353 . 1354 . 1355 . 1356 . 1357 . 1358 . 1359 .

X

Page
.1299 .1311 .1328 1332 1334 .1337 .1343 .1344 4343 .4344 .4347 .1346 .1352 .1355 .1357 .1358 .4350 .1359 .4354 .4357 .1361 .1374 .1382 .1388 .1390 .1393 .1395 .1398 .1406 .1413 .1418 .1420 .1428 .1432 .1434 .4358 .1436 .4361 .1446 .4371 .1447 .1451 .4378 .4380 .4384 .4388 .4402 .4407 .4411
.4413

Act No.
1360 . 1361 , 1362 . 1363 . 1364 . 1366 . 1366 . 1367 . 1368 . 1369 . 1370 1371 . 1372 1373 1374 1375 1376 1377 1378 . 1379 . 1380 . 1381 . 1382 . 1383 1384 1386 1386 1387 1388 1389 1390 1391 1392
Res. No.
84 85 86 87 88 89 90 91 92 93 94 95

Page
.4419 .4422 .4455 ..4457 .4461 .1456 .4463 .4467 .4469 ..4472 .4483 .1459 .1466 .4488 ..4502 ..4517 .4520 .4537 ..4540 ..1508 ..1509 .1511 .1538 .1541 ..1543 ..1544 ..1547 ..1550 .1553 .1565 ..1561 .1562 .1563

Act No.
1393 . 1394 . 1395 . 1396 . 1397 . 1398 . 1399 . 1400 . 1401 . 1402 . 1403 . 1404 . 1405 . 1406 . 1407 . 1408 . 1409 . 1410 1411 1412 . 1413 1414 1415 . 1416 . 1417 . 1418 . 1419 . 1420 1421 . 1422 1423 . 1424 .

RESOLUTIONS BY NUMBER

Page
.. 41 .. 43 .. 46 .3104 _ 359 .. 385 .. 785 .. 787 .. 788 .. 789 .. 790 .. 791

Res. No.
96 97 98 99 100 101 . 102 103 104 105 106 . 107

Page
.1565 .1573 .1661 .1683 ..4>65 .1686 .1707 .1715 .1722 .1723 .1735 .1736 ..1738 .1746 ..1758 .1759 .1761 .1764 .1765 ..1767 ..1769 ...1783 ..1784 ..1787 .1789 .1790 .1795 ..1799 .2001 .2002 .2004 ..2008
Page
_ 794 ... 796 ...3603 ... 799 ...3604 ... 803 ... 807 _ 808 .3734 _ 810
812 ... 815

Res. No.
108 109 110 111 112 118 114
115 116 117
118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 -- 153 154 -- 155 156

Page
1194 1197 1199
4543 4543

4554 _ 4555

4561 1489

1493

1495

-

1499

._... --1500

1501

--T

-1503

1

4564

1506

-- --2009

2010

2024

Res. No.
157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205

Page

--J 2801297 --12109229
.2032

.2033

.23093859

...2045

--12200418

~~ ---39290500 --12200522 ...12200553

--32909525 --2071

...12408807 --2089

--42504942 -24504964 ..4.2504976 ..4.2504988

..4.2514092

-42515003

!

...42515015

..4.2515026

...2108

...2109

..1.2418121

...12418142 : ..4.2515164

. ..4.2515178 _21148169
.1...42515281 ..4.2515293

..4..5261025

.2127

...2128

..1.2419303

...2134

..4.2516424 ...2146

--

..4.2516438

...2150

...2151

...2154

...2158

...2159

...2160

...2162

...2163

...2166

..2.2012668

Res. No.
206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237

Page
2169 2171 2173 .2174 2176 .2177 .2180 2184 2185 2187 2190 .2194 2196 .2198 .2200 .2202 .2203 2205 .2207 2209 2211
2215 2216 2219 2221 2223 2225 *2227 2232 2247 '2250 .2252

Rea. No.
238 239 || 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 I 258
259 260 261 gg| 262 J 263 264 265 266 267 268 ,

_ ^ ;
.....

Page
...2255 2257 2260
....2261 2263
...2266 ...2268
2271 2273 2276 2280 2283 2286 2288 2290 2292 ...2295 .2297 2299 2301 2303
2305 2307 2310 2312 2315 ..2333 ...2337 2338 1520 1684

BILLS AND RESOLUTIONS--ACT NUMBER REFERENCES

House Bill

Act No. House Bill

Act No.

11

.. 736

195

.... 896

40

.1056 206

..Veto 12

42

. 889

228 .

.1303

60

.1385

253

.... 897

61

.. 890 273

.... 898

62

.1401

274

.... 899

104

.1386 275 .

.... 900

109

.1138 277 .

....1387

112

.. 891 279 .

...1330

116

i 892 284 .

...1139

169

.. 893 308 .

.... 901

180

.. 894 327

.... 902

184

i 895 362 .

.... 658

xiii

House Bill

Act No.

387

390 __

393

407

457 ..

463

......

476

-

488

492

497 l.

499

523

540

563

572

573

590

-

599

610

'

611

629

651

655

656

672

688

696

698

701

708

709

711

717

748

751

i_

765

772

776

785

791

803

813

815

816

831

835 i-;L

842 (i :

845

-L--

860

873

903 1331 904 1291 - 1402 Veto 13 1057 905 1140 906 1304 1332 907 1365 908 909 910 673 1403
912 913 914 - 915 1333 916 917 1388 1413 924 678 1141 918 919 748 ....1421 920 1405 921 925 880 1142
1143 1211 1144 1307 -- 721 1058

House Bill

Act No.

875 887 895 906 _ 919 957 1008 1012 1020 1030 1035 1038 1039 1057 1062 1071 1074 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1088 1090 1091 1092 1093 1096 1099 1100 1101 1103 1104 1105 1107 1108 1109 1110 1111 1113 1 1116 1117 1118 1119 1120

... -...a*,,
_ m*#,
..:A

927 742 Veto 14 928 929 930 743 744 931 676 1059 745 746 .... 932 1145 682 705 710 738 11430048 739 740 741 1309 1310 1311 684 958 959 960 674 1060 747 Veto 15

703 962 963 964 965
- 966 MS 967
92668 - 1396096
970

----- 972

-----

973

- -- 974

975

iXlV

House Bill

Act No. House Bill

1121 H

Veto 16

1123

976

1126 J

748

1127

1128

1131

977

1136

1137

1138

1140

1334

1142

1143

979

1144

1146

Z 981

1146

1147

1148

1149

1160

886

1151

-- 886

1162

887

1153

Veto 17

1155

888

1156 ,

,

732

1159

- 750

1165

1166

1167

675

1174

751

1177

983

1178

1391

1180 HlgHT

706

1182

1062

1184

984

1185

1186

1312

1187

753

1189 ^ ....

985

1190 1192 '

986 - 987

1193

988

1194

-- 989

1195 - -

990

1199

1147

1200

1148

1203

719 line item Vetoes

1205

991

1207

1423

1208

754

1209

1149

1210 it. 1211 _
1212 ... 1213 ... 1214 ...
1218 ... 1225 ... 1229 ... 1233 ..". 1234 ...
1237 ... 1239 ... 1242 ...
1243 ... 1245 ... 1248 _. 1249 ...
1250 X 1251 _. 1256 ...
1259 ... 1260 ... 1265 ... 1268 ... 1270 ...
1271 ... 1277 ... 1278 ... 1280 ... 1283 ... 1284 ... 1285 ... 1286 ... 1287 ... 1289 ... 1291 ... 1292 ... 1293 ... 1294 ...
1298 ... 1299 ... 1300
1301 1302 1305 1312 1315
1317 1319 1320

XV

Act No.

..Veto 18

_ 708

1392

704 1393

749 1414

_ 992

1389 1406

978 ...1063

1061 ... 993

...1150

1146 755

_ 758

980_ 677

759

881-- 994

882.... 760

883 ... 995

884 ...1407

...1335

.... 996

...1064

...1313

_ 997

1420

.... 761

1390_. 998

0 982_.1336

.... 999

...1151

_1000

__1152

.... 762

...1001

...1002

-- --- 752...1153

...1003 ...1154

.... 713

...1004

....1005

...1006

1007

Veto 19

1314

763

1408

1155

1008

764

-

765

House Bill
1321 & 1322 _ 1323 1324 1325 1326 1330 1332 1339 1340 1341 1345 1349 1352 1364 1365 1370 1372 1373 1376 1383 1386 1 1387 1391 1392 1394 1402 1406 1407 1408 1409 1411 1412 1416 1418 1419 1420 1421 1422 1423' 1424 1428 1430 1432
1435 ... 1436 1439 1445 1447 1449

Act No. House Bill

Act No.

1041 1450

..1371

_

766 1451

1341

767 1453 -

1212

1156 1455

935

1042 1456

778

768 1457

779

....1394 1458

...1161

769 1460

1162

1415 1463

1066

1009 1470

936

1471

779037

...1157 1473 1

938

1010 1474

939

771 1475

940

1011 1476

780

1416 1478

1163

1012 1479

941

1417 1481

725

1337 1482

781

.....

1158 1483

715

772 1484

942

773 1485

1372

774 1486

782

1418 1487

...._

1316

1013 1489 . .

679

775 1490

783

776 1491

784

1395 1492

.. 785

722 1494

1396

723 1496

...1419

1338 1499

943

777 1500

Vetoed No. 6

1501 1339 1503

....

1047386

1164

714 1504 1044 1505 1014 1506 1015 1507 1315 1508 726 1509 1048 1510 1065 1511 1016 1512 731 1514 1017 1515 1159 1516 1340 1517 1160 1518 933 1519

-

787

788 944 - 1165

945

-- 946

- - 947

-- 789

1409

791 792 793

795

934 1520

-

796

XVI

House Bill
1521 1524 1525 1526 1528 1630 1531 1532 1539 1542 1544 . 1545 1546 1547 1548 1549 . 1550 1551 1552 . 1554 . 1556 1561 1563 1564 1565 . 1568 1570 . 1573 1575 1577 . 1578 1590 1592 1595 1596 1597 1598 1599 1600 1601 1602 1608 1609 1612 1613 1614 1615 1616 1617 1620 .

Act No.
.. 797 798
| 799 .. 800 .1166 | 727 .1167 .. 720 .. 801 .1342 .. 680 .. 802 .. 803 . 804 .. 805 . 806 .. 807 .. 808 .1373 . 948 _ 733 .1067 .. 949 .1045 .. 809 .. 950 .1343 .. 810 _ 951 .. 952
Veto 20 1168 1344 681
735 811 812 813 814 953 815 816 817 954 818 819 820 709 821 822

House Bill
1624 . 1625 1626 1627 1628 1629 1630 1631 1632 1633 1636 1640 1641 1643' 1645 1646 1648 1650 1651 1652 . 1653 . 1654 . 1655 . 1656 . 1657 1658 1659 1660 1661 1662 1663 1666 1670 1672 1673 1676 1678 1679 . 1680 . 1682 . 1683 . 1685 . 1686 . 1688 . 1689 . 1690 . 1691 . 1692 . 1693 . 1697 .

XV11

Act No.
.. 823 .. 824 .. 825 .. 626 .. 827 .. 828 .. 829 ..1374 .1345 .. 830 .. 716 ..1346 .1317 .. 831 ..1169 - 832 .1213 - 833 .. 834 .. 835 . 836 .. 837 .. 838 ,, 839 ..1170 ..1171 .. 840 .. 841 .. 842 .. 843 .. 844 .1318 _ 845 _ 711 .. 846 .1068 ..1172 .. 734 . 847 _ 848 .1410 ..1214 .1289 .1173 .. 849 .. 850 ; 85i .. 852 . 853 .. 854

House Bill

Act No. House Bill

Act No.

1698

855 1769

728

1699

1215

I771

1351

1701 ..

955 *772

1227

1703

-

1319 1773

...1228

1704

856 1775 -

1180

1705

1216 1776

H81

1706

1174 1777

1182

1708 -

1217 1780

1229

1709

1175 1781 .....

H83

1710

1218 1782

.1184

1711

1783

_

U72895

1712

1784

...1127360

1714

1347 1785

1231

1717

1786

_

1825372

1718

...1177 1787

...1186

1719

1046 1788

....1187

1720

1047 1789

1233

1721

858 1790

1234

1723

859 1791

1235

1724

860 1792

1236

1728

...1219 1793

1237

1730

....1049 1794

1238

1731

_ 956 1795

1352

1732

1348 1797

724

1733

1220 1798

_.,,1188

1734

1050 1800

.1189

1735

1221 1801

....1070

1736

1222 1802

1239

1738

1223 1803

1190

1739

861 1804

1240

1740

1224 1805

1191

1741 P

1349 1806

..1192

1743

862 1807

1353

1745

...1051 1808

1354

1746

863 1809

1241

1747

864 1810

1242

1748 -

......1069 1811

_.

1243

1751

1350 1812

1244

1754

1225 1813 -

1245

1755

S

1052 1815

1756

1226 1816

1193

1757

865 1817

...1194

1758

866 1818

1246

1759

1 -

867 1819

1760

868 1820

1248

1761

1178 1821

1249

1762

1179 1822

1250

1764

957 1823

1195

1767

1053 1824

1251

1768

1054 1825

1252

viii

House Bill 1826 . 1827 . 1828 . 1829 . 1831 . 1832 . 1833 . 1834 . 1835 . 1836 . 1837 . 1838 . 1839 . 1840 . 1841 . 1847 . 1848 . 1849 . 1850 . 1851 . 1852 . 1853 . 1854 . 1855 . 1856 . 1857 . 1858 . 1859 . 1860 . 1861 . 1862 . 1864 . 1865 . 1866 . 1867 . 1868 . 1869 . 1870 i 1871 . 1874 . 1875 . 1876 . 1879 . 1880 . 1881 . 1882 . 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1894 1895 1897 1898 1899 1900

Act No. House Bill

1253 .1196 .1197 .1254 .1255 .1320 .1198 .1055 .1199 .1200 .1201 1202 .1256 .1257 .1203 .1258 .1259 .1260 .1261 .1356 .1262 .1263 .1204 .1264 .1265 .1357 .1266 .1267 .1268 .1375 . 869 .1269 .1270 .1271 .1272 .1376 .1273 .1205 .1274 .1275 .1276 ..1277 1358 .1278 ..1279 .1397 .1280 .1281 ..1359 .1282 ..1360 ..1377 .1283 .1284 .1290 1361 .1285 .1362 .1363 ..1364 .1365 .1366

1901 1902 1903 1904 1905 1906 1907 1908

Senate Bill

11 .

31 .

42 .

43

52

60

68

106

137

145

169

217

218

249

250

271

290

296 .

298 .

326 .

328 .

329 .

330 .

331 .

333 .

338

346

348

355

357

359

360

361

362

363

364

365 IS

366

367

368 |:.u

369

370

371

372

374

^

375

376

377

378

380

381

XIX

Act No. .1367 .1286 .1378 .1368 .1287 .1369 .1370 .1288 Act No. ..1293 - 685 ..1071 -1072 .1294 ..1073 .1206 ..1074 ..1075 ..1382 .1295 ...1296 .1018 ..1076 -.1398 -.1379 ..1077 ..1380 ..1118 .1078 ..Veto 7 .1383 ..1079 .1080 .1019 Veto 8 1081 1297
922 756 686 i 687 1082 688 Veto 9 689 690 691 692 693 694 1119 695 696 697 698 699 700 701 - 1120 1083

House Bill

1698 -

1699

--

1701

1703 l

1704 _

1705

1706

1708

1709

1710

1711

1712

1714

1717

1718

1719

1720

1721

1723

1724

1728

1730

1731

1732

1733

1734

1735

1736

1738

1739

1740 i

1741

1743

1745

1746

1747 f ui

1748

1751

1754

1755

1756

1757

1758

1759

1760

1761

1762

1764

1767

1768

Act No. House Bill

855 1215 955 ...... 1319 856
-1216 1174
1217 1175 --1218 729 1176 1347

1769 1771 .... 1772 ... 1773 ... 1775
1776 ... 1777
1780 ... 1781 ... 1782 ... 1783 1784 ..... 1785

1177 1046 1047
859 860 1219 . ..1049 956 1348 1220 1050 1221 1222 1223 861 1224 1349 862 1051
864 1069 1350 1225 1052 1226 865 866 867 868 1178 1179 957 -- 1053 1054

1787 1788 1789 L
1791 1792 1793 1794 1795 1797 1798 ... 1800 ... 1801 1802 1803 1804 1805 1806 1807 1808
1810 1811 1812 1813 1815 1816 1817 1818 1819 1820 1821 1822 ... 1823 ... 1824 1825 ......

yviii

Act No.

... 728 . 1351 -1227 ...1228
.1180 ...1181 ...1182 .1229 ...1183 ...1184
-1185 .1230 1231 .8152732 -1186 ..1187 .1233 8.152834 .1235 -1236 .1237 .1238 ..1352 .. 724 ..1188 ..1189 ..1070 .1239 .1190 .1240 .1191 ..1192
-1353 .1354 8.613241 ..1242 .1243 .1244
.1245 .1355 -1193 .1194
.1246 .1247 .1248 .1249 .1250
.1195 .1251 .1252

1786 1^90 ...
1809

Act No. House Bill

Act No.

--1253 1901

1367

...1196 1902

1286

--1197 1903

1378

-1254 1904

.1368

-1255 1905

.1287

-1320 1906

1369

1833

-1198 1907

1370

1834

...1055 1908

1288

1835

...1199

1836

...1200 Senate Bill

Act No.

1837

...1201

1838 1839

...1202 ...1256

11 31

fpffe -

1293 ! 685

1840

...1257

42

1841

...1203

43

1847

...1258

52

,, 1294

1848

...1259

60

1073

1849

...1260

68

._

1206

1850

...1261

106

1074

1851

...1356

137

<L~~ 1075

1852

...1262

145

1382

1853

...1263

169

1295

1854

...1204

217

1855

...1264

218

1856

..1265

249

1076

1857

.1357

250

,

.._ 1398

1858

.1266

271 .......

1379

1859

..1267

290

1077

1860

.1268

296

. 1380

1861

.1375

298

1118

1862

- 869

326

1078

1864

.1269

328 ....

.....Veto 7

1865

-1270

329

1383

1866

..1271

330

1079

1867

..1272

331

1080

1868

-1376

333

1019

1869

-1273

338

Veto 8

1870

..1205

346

1081

1871

-1274

348

1297

1874

-1275

355

922

1875

.1276

357

756

1876

..1277

359

686

1879

..1358

360

687

1880

..1278

361

1082

1881

..1279

362

688

1882

.1397

363

Veto 9

1883

.1280

364

689

1884

.1281

365 -

690

1885

.1359

366

691

1886

.1282

367

692

1887

..1360

368

693

1888

..1377 369

.. 694

1889

.1283 370

1119

1890

.1284

371

695

1891

.1290

372

696

1892

-1361

374

,

697

1894

.1285

375

698

1895

-1362

376

-- 699

1897

.1363

377

700

1898

.1364

378

701

1899

.1365

380

1120

1900

.1366

381

1083

XIX

Senate Bill
382 ... 383 384 ... 385 _ 386 _ 387 ... 388 ... 389 Li 391 ... 392 ... 401 ... 403 ... 404 ... 405 ... 406 ... 407 ... 408 ... 409 ._ 411 1 414 ... 415 ._ 416 ... 418 ... 424 ._ 425 ... 428 ... 430 ... 431 ... 432 ... 433 ... 434 ... 438 ... 439 440 ._ 442 ... 443 ... 450 ... 451 ... 453 ... 454 ._ 457 ... 458 ... 460 ... 461 ... 462 ... 463 ... 464 ... 465 ... 466 ... 468 ... 469 ... 470 ... 473 ... 474 ... 476 ._ 486 ... 489 ... 491 ... 494 ... 498 501 .L'.

Act No.
.1084 .1121 ..1122 . 1411 .1123 .1085 .1124 .. 923 .1086 .1207 .1125 .. 757
871 _ 870 I 872 .. 873 . 874 .. 875 1 876 1 730 .1087 .1088 2 712 .1126 .1127 .1089 .1128 .1298 .1129 .1090 .1299 .1130 .1131 1020 .1321 .1021 .1300 .1301 .1132 .1381 .1091 .1092 .1133
702 .1022 .1023 .1024 .1025 .1026 .1093 .1399 .1400 .1292 .. 717 .1134 .1135 .1094 .1136 .1137 Veto 10 1095

Senate Bill
511 512 513 514 515 517 519 520 521 . 522 523 . 524 525 . 527 . 532 533 536 537 538 541 544 546 547 548 549 553 557 559 560 561 562 566 567 569 570 572 . 574 . 576 . 577 . 580 . 582 . 583 . 584 . 587 . 588 . 594 . 595 596 . 597 . 599 . 604 . 606 610 613 614 . 615 616 618 .

XX

Act No.
...1027 ...1028 .1029 ...1030 ...1322 ...1031 ... 877 ... 878 .. 879 ...1323 .1096 .1032 ..1104 - 683 .1105 ...1097 ..1106 ...1107 .1108 ...1098 ...1302 .1033 ...1034 ... 707
1035 ...1099 Veto 11 ...1109 ...1036 ...1208 ... 718 ...1110 ...1324 ...1100 ...1325 ..1111 ..1209 .1412 .1112 -1101 ..1422 ..1326 .1102 .1103 ..1327 .1113 ...1114 -1384 ..1328 ...1037 .1329 ..1210 ...1115 ..1116 .1038 .1039 ..1040 ..1117

House Resolution Res. Act No. House Resolution Res. Act No.

41-124 79-311 152-551 159-621 204-794 296297313-1031 429430432433434435438-1103 443-1103 448449450453454456-1162 458459460461462463470471472473476-1248 478479480481482483485-1270 491492493494507508509510511512513514516517518519520521525526527542-1416

- 169 CA 543-

- 90

544-

119

545-

- 120

546-

121

547-

998549-1427

1005951-

170 CA 552-

1105363-

1105364-

1105365-

1105368-

1105369-

1105370-- -

125

573-

123

574-

1145576-1539

1145578-1550

1145581-

1145582-

1145586-

,,,,

202 CA 587-

1175189-

1195090-

1195091- -

1195092-

1205096-1603

1206021-

1236222-

1236223-

1236224-

1236825-

- 206 CA 626-

1266031-

1266032-

1266034-

1266035-

-

1276036--

1276043-

130

644-

1286445-

1296168-

1296169-

1306674-1686

1316276-1686

1316778- -

1316979-

1346680-

1346681-

1346682- --

1346683-- -

1356084-

1357516--1716 -

13671 8--1716

1367122-1739

1367124-

1367125-

137026-

1377927..-....

1387328-

1397229-

96

730-

91 97 J 122
171 CA 172 CA 92 124 173 CA 94
126 99 93 227 CA 200 CA 201 CA 127 203 CA 204 CA 174 CA 205 CA 128 186 CA 87 175 CA 176 CA 177 CA 178 CA 207 CA 129 179 CA 208 CA 95 - 209 CA 86 210 CA 131 132 191 CA - 13--3 .. 241 CA 134 135 180 CA 181 CA 84 85 136 211 CA 88 182 CA148 212 CA149 213 CA 214 CA 215 CA 216 CA 183 CA 217 CA

XXI

House Resolution
731-1753 750-1772 753754755756757758771772773774775776778-1823 781-1830 785-1850 807-1870 823-1875 826827828831-1900 864-1901 Senate Resolution 227 247 248 249 250

Res. Act No. Sentate Resolution Res. Act No.

198 CA 256 -

150

258

1 262 776

1 264 776

1 265 776

1 269778

1 271778

1 277 796

1 280805

1 281805

1 282805

1 283 80-5 -

1 284805 --

1 285 805

258 CA 289 -

259 CA 290

260 CA 291

--. 261 CA 294

262 CA 298

1 307885

1 311887

1 314891

199 CA 318

266 CA 321

Res. Act No.

332 338

153 CA 154 CA

339 gp 342 i

- 155 CA 343

89

348

109

358

110 111 151112 241082CA 241903CA 11054 2 252068CA 251113CA ..22. 551132154CC6 AACA 251457CACA 255 CA 25161C6 A 251717CA 158 CA 159 CA 106 118 _26136C0 ACA 26146C2 ACA 261563CCAA 161 CA 267 4 164 CA 165 CA _ 107 166 CA 167 CA : 168 CA 108

XXII

LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
1980
Compiled and Published by Authority of The State
94--2

LOCAL AND SPECIAL ACTS AND RESOLUTIONS
OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA
1980
BOARDS OF ELECTIONS CREATED IN CERTAIN COUNTIES (11,340 - 11,390).
No. 676 (House Bill No. 1030).
AN ACT
To provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created in each county in this State having a population of not less than 11,340 nor more than 11,390, according to the United States Decennial Census of 1970, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such county.
Section 2. The board of elections in each such county shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be appointed as hereinafter

3004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided. One member of the board of elections shall be appointed by the political party which received the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be appointed by the political party which received the second highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member. Each of the above appointments shall be made as follows: the member shall be nominated by the chairman and ratified by the county executive committee of each of the above designated political parties at least thirty (30) days before the beginning of the term of office or within thirty (30) days after the creation of vacancy in the office. The remaining member of the board shall be selected by the county governing authority. In making the initial appointments to the board, the member selected by the governing authority shall be appointed for a term beginning on February 1, 1980, and ending on January 31, 1982, and until his successor is duly appointed and qualified and the remaining two members shall be appointed for initial terms beginning on February 1, 1980, and ending on January 31, 1984, and until their successors are duly appointed and qualified. Thereafter, successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. Terms of office shall begin on the first day of February following the expiration of the immediately preceding term of office. The board shall select one of their members to serve as chairman at the pleasure of the board.
Section 3. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.
Section 4. Certification of the appointment of each member shall be made by the governing authority of the county filing an affidavit with the clerk of the superior court, no later than fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed member to the Secretary of State

GEORGIA LAWS 1980 SESSION

3005

and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars.
Section 5. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the appointing body and to the clerk of the superior court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.
Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the original appointing body shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 2. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
Section 7. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.
Section 8. The board of elections shall:
(a) With regard to the preparation for, conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Code Title 34, as now or hereafter amended, or any other provision of law, or both.
(b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Code Title 34, as now or hereafter amended.
Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.

3006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. Upon the effective date of this Act, the judge of the probate court shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties.
Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.
Section 12. Compensation for the members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority of the county. Said compensation shall be paid wholly from county funds.
Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 14. The words "election", "elector", "political party", "primary", "public office", "special election", and "special primary" shall have the same meaning ascribed to those words by Code Section 34-103, as amended, unless otherwise clearly apparent from the text of this Act.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved February 1, 1980.

GEORGIA IAWS 1980 SESSION

3007

DOUGHERTY COUNTY BOARD OF EDUCATION CONTRACTS WITH DOUGHERTY COUNTY stadiunI AUTHORITY.
No. 677 (House Bill No. 1242).
AN ACT
To amend an Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, (said amendment designated as Article VIII, Section V, Paragraph I of said Constitution), and Section 12 thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), and amended by the act approved January 24, 1964 (Ga. L. 1964, pp. 2006-2009), and all other acts amendatory thereof so as to more definitely define the right, authority, duties and powers of the Board of Education of the "Dougherty County School System"; to authorize said Board of Education to enter into contracts with the Dougherty County Stadium Authority relative to the use of said property, its maintenance and its control for periods of time not exceeding 30 years from the date of any such contract; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, (said amendment designated as Article VIII, Section V, Paragraph I of said Constitution), and Section 12 thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), and amended by the act

3008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved January 24, 1964 (Ga. L. 1964, pp. 2006-2009), and all other acts amendatory thereof is hereby amended by striking from Section 12 thereof the words "in its discretion, to enter into contracts with said Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 20 years from the date of the approval of this Act" as said words were added to said Section 12 by an Act approved January 24, 1964 (Ga. Laws 1964, p. 2006-2009) and by substituting in lieu thereof the words:
"in its discretion, to enter into contracts with the Dougherty County Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 30 years from the date of any such contract."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the January 1980 session of the General Assembly of Georgia, a bill to amend the Act creating the Dougherty School System (Ga. L. 1951, pp. 2233, et seq.) and all Acts amendatory thereof, so as to more definitely define the right, authority, duties and powers of the Dougherty County Board of Education; to authorize said Board of Education to enter into contracts with the Dougherty County Stadium Authority relative to the use of said property, its maintenance and its control for period of time not exceeding 30 years from the date of any such contract; to repeal conflicting laws; and for other purposes.
Charles F. Hatcher Representative Dougherty County

GEORGIA LAWS 1980 SESSION

3009

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Albany Herald which is the official organ of Dougherty County, on the following dates: December 28, 1979, January 4, 1980, January 11, 1980.
Is/ Charles F. Hatcher Representative, 131st District
Sworn to and subscribed before me, this 17th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved February 1, 1980.

HENRY COUNTY -^BOARD OF COUNTY COMMISSIONERS, REFERENDUM.
No. 679 (House Bill No. 1489).
AN ACT
To amend an Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p.

3010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186), so as to provide for a new Board of Commissioners of Henry County consisting of an elected Chairman and five additional members elected from single member districts; to change other provisions in conformity with the foregoing; to provide a method of apportioning the territory of Henry County for the purpose of creating single member Commissioner Districts; to provide for a referendum; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. Laws 1974, p. 3680), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3615), by an Act approved February 9, 1979 (Ga. Laws 1979, p. 3003), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4186), is hereby amended by striking Sections 2, 3, 3A, and 4 in their entirety and substituting in lieu thereof new Sections 2, 3, and 4 to read as follows:
"Section 2. (a) The Board of Commissioners of Henry County shall be composed of a Chairman and five additional members. The Chairman shall be a full voting member of the Board. The members of the Board shall be elected by the electors of Henry County as hereinafter provided. For the purpose of electing the members of the Board, other than the Chairman, Henry County shall be divided into five Commissioner Districts as follows:
Commissioner District 1 shall consist of the following portion of Henry County:
McDonough CCD 15 ED's 6 through 9 and ED's 15 and 16.
Commissioner District 2 shall consist of the following portion of Henry County:

GEORGIA LAWS 1980 SESSION

3011

Hampton CCD 5 McDonough CCD 15
ED's 13 and 14.
Commissioner District 3 shall consist of the following portion of Henry County:
Locust Grove CCD 10 McDonough CCD 15
ED 10, that portion thereof east of Ga. Highway 155. ED 11, that portion there east of Ga. Highway 155. ED 12.
Commissioner District 4 shall consist of the following portion of Henry County:
McDonough CCD 15 ED 10, that portion thereof west of Ga. Highway 155. ED 11, that portion thereof west of Ga. Highway 155.
Stockbridge CCD 20 ED 3.
Commissioner District 5 shall consist of the following portion of Henry County:
Stockbridge CCD 20 ED's 1,2, 4 and 5.
(b) As used in subsection (a) of this Section, the designation `CCD' shall mean `Census County Division,' and the designation `ED' shall mean `Enumeration District.' The terms `Census County Division' and `Enumeration District' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census Report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of Henry County which is not included in Commissioner Districts 1 through 5 as described in subsection (a) of this Section shall be included within that district contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia.
(c) The Chairman of the Board may reside anywhere within Henry County and shall be elected by a majority of the voters of

3012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Henry County voting on a countywide basis. Any person elected Chairman must be a qualified elector of Henry County and must have been a resident of Henry County for at least two years immediately preceding the date of his election.
(d) There shall be one commissioner elected from each of the Commissioner Districts 1 through 5. Any person elected from a Commissioner District must be a qualified elector of Henry County and must have been a resident of the Commissioner District from which elected for at least two years immediately preceding the date of his election. Each commissioner from a Commissioner District shall be elected by a majority of the voters voting within the respective Commissioner District.
(e) No person shall be eligible to seek election to or serve as a member of the Board if he holds or is seeking election to any other federal, State, county, or local office.
Section 3. (a) The first members of the Board of Commissioners of Henry County provided for by Section 2 of this Act shall be elected at the general election of 1980 and shall take office on the first day of January, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. The heretofore existing Board of Commissioners of Henry County shall stand abolished effective on January 1, 1981, when the Board of Commissioners elected at the 1980 general election, as provided herein, take office.
(b) Vacancies occurring in the membership of the Board shall be filled in the following manner:
(1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be elected by the remaining members of the Board to serve until the first day of January following the next general election. A qualified successor shall be elected at the next general election to serve for the balance of the unexpired term, or for the next term, whichever shall be applicable. If the vacancy is in the office of

GEORGIA LAWS 1980 SESSION

3013

Chairman, the Vice-Chairman shall serve as Chairman until a successor shall be elected as provided herein and, during such period, the Board of Commissioners shall be composed of five members.
(2) If, at the time the vacancy occurs, there are more than 360 days until the next general election, a qualified successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. Only the qualified electors of Henry County residing within the Commissioner District wherein the vacancy occurred shall be eligible to vote at such election. The Election Superintendent of Henry County shall call each such election to be held not later than 60 days from the creation of the vacancy. Each such election shall be governed by the provisions of the Georgia Election Code relative to special elections for the filling of vacancies. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. If the vacancy is in the office of Chairman, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a countywide basis shall be eligible to vote at said special election.
Section 4. At the first meeting of the Board in January after the election of the members, the Board shall organize by electing one of its members Vice-Chairman and another person, not a member of said Board, as Clerk of said Board. The Chairman shall preside at all meetings of the Board when he is present and shall be the executive officer of said Board. He shall sign, as Chairman thereof, all contracts and county warrants when so ordered by the Board. Such instruments shall also be countersigned by the Clerk of the Board. The Chairman shall, when deemed necessary, call special meetings of the Board and shall, through the Clerk of said Board, give to the other members thereof sufficient notice. The Vice-Chairman, in the absence of the Chairman, shall preside over the meetings of the Board and discharge all other duties required of the Chairman."
Section 2. Said Act is further amended by striking Sections 17 and 18 in their entirety and substituting in lieu thereof one Section to be designated Section 17 to read as follows:

3014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 17. The Vice-Chairman and Clerk of the Board shall hold their offices at the pleasure of the members of the Board and may be removed at any time by a majority vote of the full membership of the Board."
Section 3. Not later than one day after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Henry County to issue the call for an election for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The superintendent shall set the date of such election for March 11, 1980, if legally possible. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"J ]YES Shall the Act providing for a Board of Commissioners of Henry County consisting of an
[ ] NO elected chairman and five commissioners elected from single member districts created from portions of Henry County based on Census County Divisions be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Henry County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. If this Act is approved at the election provided for in Section 3 above, it shall become effective immediately thereafter for the purpose of electing the Board of Commissioners of Henry County in accordance with the provisions of Section 1. For all other purposes, except the holding of the election provided for in Section 3, this Act shall become effective January 1, 1981.

GEORGIA LAWS 1980 SESSION

3015

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a Bill to amend an act providing a new Board of Commissioners for Henry County, approved March 28, 1974 (Georgia Laws 1974, page 3680), as amended, and for other purposes.

This 14th day of December 1979.

Georgia, Fulton County.

G. Richard Chamberlin State Representative Henry County, 73 rd District

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73 rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Henry Herald which is the official organ of Henry County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980.

/sI G. Richard Chamberlin Representative, 73 rd District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large.
My Commission Expires Nov. 1, 1981.
(Seal).
Approved February 5, 1980.

3016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAURENS COUNTY - BOARD OF COUNTY COMMISSIONERS, REFERENDUM.
No. 680 (House Bill No. 1544).
AN ACT
To amend an Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved August 16, 1915 (Ga. Laws 1915, p. 277), an Act approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act approved February 12, 1960 (Ga. Laws 1960, p. 2077), so as to provide for a five-member board of commissioners in Laurens County, Georgia; to provide for five districts; to provide that commissioners be elected by the voters of their district; to provide for the manner of the election of said members; to provide for qualifications and the terms of office of members; to provide for vacancies; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of roads and revenues for the County of Laurens, approved December 1, 1893 (Ga. Laws 1893, p. 362), as amended, particularly by an Act approved August 17, 1908 (Ga. Laws 1908, p. 336), an Act approved August 14, 1909 (Ga. Laws 1909, p. 420), an Act approved August 17, 1911 (Ga. Laws 1911, p. 453), an Act approved August 16, 1915 (Ga. Laws 1915, p. 277), an Act approved August 17, 1917 (Ga. Laws 1917, p. 369), an Act approved July 28, 1925 (Ga. Laws 1925, p. 690), an Act approved February 20, 1951 (Ga. Laws 1951, p. 2694), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2456), and an Act approved February 12, 1960 (Ga. Laws 1960, p. 2077), is hereby amended by

GEORGIA LAWS 1980 SESSION

3017

striking Sections 1 and 2 in their entirety and inserting in lieu thereof new Sections 1 and 2 to read as follows:
"Section 1. Laurens County shall be composed of five commissioner districts to be comprised as follows:
COMMISSIONER DISTRICT NO. 1 shall be bounded as follows:
Beginning at the intersection of the Oconee River and Hunger and Hardship Creek;
Thence northwesterly along Hunger and Hardship Creek to its intersection with U. S. Highway #441 North;
Thence in a Southerly direction along U. S. Highway #441 to its intersection with South Jefferson Street;
Thence in a Southerly direction on South Jefferson Street to its intersection with Smith Street;
Thence in a Southwesterly direction along Smith Street to its intersection with Pine Street;
Thence in a Northwesterly direction along Pine Street to its intersection with Telfair Street;
Thence in a Southwesterly direction on Telfair Street (U. S. Highway #441 South) to its intersection with Turkey Creek;
Thence in an Easterly direction along the boundary of Turkey Creek to State Highway # 19 (Clenwood Road);

3018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence in a Northerly direction along State Highway #19 (Glenwood Road) to Interstate Highway # 16;
Thence in an Easterly direction along Interstate Highway #16 to the boundary of the Oconee River;
Thence in a Northerly direction along the boundary of the Oconee River to the point of beginning.
COMMISSIONER DISTRICT NO. 2 shall be bounded as follows:
Beginning at the intersection of Jackson and South Jefferson Street in the City of Dublin, Laurens County, Georgia;
Thence in a Southerly direction along South Jefferson Street to its intersection with Smith Street;
Thence in a Southwesterly direction on Smith Street to its intersection with Pine Street;
Thence in a Northwesterly direction on Pine Street to its intersection with Telfair Street (U.S. Highway #441);
Thence in a Southwesterly direction on Telfair Street to its intersection with Turkey Creek;
Thence along the boundary of Turkey Creek in an Easterly direction to its intersection with State Highway #19 (Glenwood Road);
Thence in a Northerly direction along State Highway #19 (Glenwood Road) to its intersection with Interstate Highway #16;
Thence in an Easterly direction along Interstate Highway # 16 to the boundary of the Oconee River;
Thence in a Southeasterly direction along the boundary of the Oconee River to the Laurens County line where it borders Treutlen County;

GEORGIA LAWS 1980 SESSION

3019

Thence in a Southerly direction along the boundary of the Oconee River here Laurens County borders Treutlen and Wheeler Counties;
Thence in a Southwesterly direction along the County Line where Laurens County borders Wheeler County;
Thence in a Westerly direction along the County Line between Laurens County and Dodge County;
Thence in a Northwesterly direction along the boundary where Laurens County borders Dodge County to Whitley-Mt. Carmel Road (State Road 518);
Thence in a Northeasterly direction on the Whitney-Mt. Carmel Road (State Road 518) to a point where it intersects the DexterEastman Road (Highway #338);
Thence in a Southeasterly direction along the Dexter-Eastman Road (State Highway #338) to a point where it intersects Bluewater Creek;
Thence in a Northerly direction along Bluewater Creek to a point where it intersects Turkey Creek;
Thence in a Northwesterly direction along the boundary of Turkey Creek to Interstate Highway #16;
Thence in an Easterly direction along Interstate Highway #16 to its intersection with State Highway #257 (Dublin-Dexter Road);
Thence in a Northeasterly direction on State Highway #257 (Dublin-Dexter Road) to the intersection with Marion Street;
Thence in an Easterly direction on Marion Street to its intersection with Coney Street;
Thence in a Northerly direction on Coney Street to its intersection with Bellevue Avenue;
Thence in a Northeasterly direction along Bellevue Avenue to a point here it becomes Jackson Street;

3020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence in a Northeasterly direction on Jackson Street to its intersection with South Jefferson Street and the point of beginning.
COMMISSIONER DISTRICT NO. 3 shall be bounded as follows:
Beginning at the intersection of Bellevue Avenue and Coney Street in the City of Dublin, Laurens County, Georgia;
Thence in a Southwesterly direction on Bellevue Avenue to its intersection with Lancaster Street;
Thence in a Northerly direction on Lancaster Street to its intersection with Moore Street;
Thence in a Northeasterly direction on Moore Street to its intersection with Claxton Dairy Road;
Thence in a Northwesterly direction on Claxton Dairy Road to the boundary of Hunger and Hardship Creek;
Thence in a Southwesterly direction along the boundary of Hunger and Hardship Creek to a point which marks the present City Limits of the City of Dublin;
Thence in a Northwesterly direction along the present boundary of the City of Dublin to the intersection with Brookwood Drive;
Thence in a Northeasterly direction on Brookwood Drive to its intersection with Claxton Dairy Road;
Thence in a Northwesterly direction along Claxton Dairy Road to its intersection with Springdale Drive;
Thence in a Southwesterly direction on Springdale Drive to its intersection with Brookhaven Drive;
Thence in a Northerly direction on Brookhaven Drive to a point where it again intersects Springdale Drive;
Thence in a Southwesterly direction on Springdale Drive to a point where it intersects Shamrock Drive;

GEORGIA LAWS 1980 SESSION

3021

Thence in a Southerly direction on Shamrock Drive to a point where it intersects U. S. Highway #80;
Thence in a Westerly direction along U. S. Highway #80 to a point where it intersects the Old Macon Road;
Thence in a Northwesterly direction on the Old Macon Road to a point where it intersects State Route #413;
Thence in a Northerly direction on State Route #413 to a point where it intersects Highway #338;
Thence in a Southwesterly direction of Highway #338 to a point where it intersects the boundary of Turkey Creek;
Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with State Highway #26;
Thence in a Southwesterly direction on State Highway #26 to the County Line where Laurens County borders Bleckley County;
Thence in a Southerly direction on the County Line where Laurens County borders Bleckley and Dodge Counties to the point where said County Line intersects the Whitley-Mt. Carmel Road (State Road #518);
Thence in a Northeasterly direction on the Whitney-Mt. Carmel Road (State Road #518) to its intersection with the Dexter-Eastman Road (State Highway #338);
Thence in a Southeasterly direction on the Dexter-Eastman Road (Highway #338) to its intersection with Bluewater Creek;
Thence in a Northeasterly direction on Bluewater Creek to its intersection with the boundary of Turkey Creek;
Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with Interstate Highway # 16;
Thence in an Easterly direction on Interstate Highway #16 to its intersection with State Highway #257;

3022 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence in a Northeasterly direction on State Highway #257 to its intersection with Marion Street;
Thence in an Easterly direction on Marion Street to its intersection with Coney Street;
Thence in a Northerly direction on Coney Street to its intersection with Bellevue Avenue and the point of beginning.
COMMISSIONER DISTRICT NO. 4 shall be bounded as follows:
Beginning at the point where the Oconee River and Hunger and Hardship Creek intersect;
Thence extending in a Westerly direction along the boundary of Hunger and Hardship Creek to U. S. Highway #441;
Thenye extending in a Southerly direction on U. S. Highway #441 to a point where it intersects West Jackson Street;
Thence in a Westerly direction on West Jackson Street to a point where it meets Bellevue Avenue;
Thence continuing in a Westerly direction on Bellevue Avenue to a point where it intersects Lancaster Street;
Thence in a Northerly direction on Lancaster Street to a point where it intersects Moore Street;
Thence in a Northeasterly direction on Moore Street to a point where it intersects Claxton Dairy Road;
Thence in a Northwesterly direction on Claxton Dairy Road to a point where it intersects Hunger and Hardship Creek;
Thence in a Southwesterly direction on the boundary of Hunger and Hardship Creek to a point where it intersects the present City Limits of Dublin;
Thence in a Northwesterly direction along the boundary of the City of Dublin to the intersection with Brookwood Drive;

GEORGIA LAWS 1980 SESSION

3023

Thence in a Northeasterly direction on Brookwood Drive to its intersection with Claxton Dairy Road;
Thence in a Northwesterly direction along Claxton Dairy Road to its intersection with Springdale Drive;
Thence in a Southwesterly direction on Springdale Drive to its intersection with Brookhaven Drive;
Thence in a Northerly direction on Brookhaven Drive to a point where it again intersects Springdale Drive;
Thence in a Southwesterly direction on Springdale Drive to a point where it intersects Shamrock Drive;
Thence in a Southerly direction on Shamrock Drive to a point where it intersects U. S. Highway #80;
Thence in a Westerly direction along U. S. Highway #80 to a point where it intersects the Old Macon Road;
Thence in a Northwesterly direction on the Old Macon Road to a point where it intersects State Route #413;
Thence in Northerly direction on State Route #413 to a point where it intersects State Highway #338;
Thence in a Southwesterly direction on State Highway #338 to a point where it intersects the boundary of Turkey Creek;
Thence in a Northwesterly direction along the boundary of Turkey Creek to its intersection with State Highway #26 to the County Line where Laurens County borders Bleckley;
Thence in a Northwesterly direction on the County Line where Laurens County borders Bleckley County to. the intersection where Laurens County borders Wheeler Count)';
Thence in a Northeasterly direction on the county line where Laurens County borders Wilkinson County to the intersection of the county line and the Oconee River;

3024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Thence in a Southerly direction along the boundary of the Oconee River to its intersection with Hunger and Hardship Creek and the point of beginning.
COMMISSIONER DISTRICT NO. 5 shall be bounded as follows:
All of that portion of Laurens County lying East of the Oconee River.
Section 2. (a) Those persons serving as members of the board of commissioners of Laurens County upon the effective date of this section shall serve until January 1, 1981, and until the election and qualification of their successors as herein provided. Thereafter, the board of commissioners of Laurens County shall be composed of five members. One commissioner shall be elected from each of the commissioner districts designated in Section 1. In any such election for members of the board of commissioners of Laurens County, at the time of qualifying each candidate shall designate the commissioner district for which such person is offering. No person shall be eligible to serve as a member of said board of commissioners unless at the time of election such person is a qualified voter and shall have been a resident of Laurens County at least two years and shall have been a resident of the commissioner district for which such person is offering for at least 30 days, and is at least 21 years of age.
(b) The first persons to be elected under the provisions of this section shall be elected at the general election held in November, 1980, shall serve for a term of four years, beginning on January 1, 1981, and until their successors are elected and qualified. Each succeeding four years after 1980, their successors shall be elected at the general election immediately preceding the expiration of their respective terms and shall serve for terms of four years, beginning on the first day of January following their election, and until their successors are elected and qualified.
(c) Any vacancy occurring on the board of commissioners within the last 12 months of a term of office shall be filled by a majority of the remaining members of the board appointing a person to serve out the unexpired term of office. Any vacancy occurring other than within the last 12 months of a term of office shall be filled for the unexpired term by a special election which

GEORGIA LAWS 1980 SESSION

3025

shall be held within 45 days after such vacancy occurs. Any person appointed or elected under this subsection (c) to fill a vacancy shall have been a resident of the commissioner district to which such person was appointed or elected for at least 30 days prior thereto."
Section 3. Not later than 30 days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Probate Judge of Laurens County to issue the call for election for purposes of submitting this Act to the electors of Laurens County for approval or rejection. The probate judge shall set the date of such election for March 11, 1980, provided such date is not less than 30 days after the date of the issuance of the call. The probate judge shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Laurens County. The ballot shall have written or printed thereon the words:

"[ ] YES Shall the Act providing for a five-member Laurens County Board of Commissioners, pro-
[ ] NO viding for five commissioner districts, providing that the commissioners be elected by the voters of their respective districts, and providing for the manner of the election of said commissioners be approved?
All persons desiring to vote in favor of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Laurens County. It shall be the duty of the Probate Judge of Laurens County to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Probate Judge to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

3026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Laurens County, Georgia, as amended, by increasing the number of districts from three (3) to five (5); to provide for the election of said commissioners by the qualified voters of their respective road districts; to define their powers and duties; to fix their compensation; to provide for an effective date; to repeal conflicting laws; and, for other purposes.
Leon Green County Attorney
Georgia, Laurens County.
This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and
That the attached was published on January 9, 16, and 23, 1980.
Certified this the 24th day of January. 1980.
Is/ Dahlia Wren, Editor and Publisher Laurens County News
Sworn to and subscribed before me, this 24th day of January, 1980.
Is/ Donald W. Gillis Notary Public, Georgia State at Large My Commission Expires Aug. 19, 1982 (Seal).
Approved February 6, 1980.

GEORGIA LAWS 1980 SESSION

3027

UPSON COUNTY SCHOOL SUPERINTENDENT, REFERENDUM.
No. 681 (House Bill No. 1595).
AN ACT
To provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to amend the residence requirements; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. At the expiration of the term of office of the present Upson County School Superintendent or in the event a vacancy shall occur in such office prior to the expiration of such term of office, the Board of Education of Upson County shall thereafter appoint the Upson County School Superintendent. Said appointment to be for a term to be set at the discretion of the Board of Education of Upson County but for not more than four years. The Upson County School Superintendent shall serve at the pleasure of the Board of Education of Upson County and be subject to removal as provided by law.
Section 2. Qualifications, powers, duties, and compensation of the Upson County School Superintendent shall be as provided by law. The Superintendent shall, at the time of appointment, not be required to be a resident of Upson County, Georgia; however, he shall be required to be a resident of Upson County, Georgia within six (6) months after his appointment.

3028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Not less than 10 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Judge of the Probate Court of Upson County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Judge of the Probate Court shall set the date of such election for a day not less than 15 nor more than 45 days after the date of the issuance of the call. The Judge of the Probate Court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Upson County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act providing that at the expiration of the present term of office of the Upson County
[ ] NO School Superintendent, the Board of Education of Upson County shall appoint the County School Superintendent be approved?"
All persons desiring to vote in favor of the Act shall vote "Yes", and those persons desiring to vote for rejection of the Act shall vote "No". If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Upson County. It shall be the duty of the Judge of the Probate Court to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3029

Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson County shall appoint the school superintendent for a term of up to four years; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Board of Education of Upson County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Thomaston Times and Free Press which is the official organ of Upson County, on the following dates: January 16,23,30,1980.

/s/ Marvin Adams Representative, 79th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved February 11, 1980.

3030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
IRWIN COUNTY OFFICE OF TAX COMMISSIONER CREATED, REFERENDUM.
No. 683 (Senate Bill No. 527).
AN ACT
To consolidate the offices of tax receiver and tax collector of Irwin County into the office of the tax commissioner of Irwin County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for terms of office; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Irwin County are hereby consolidated and combined into the one office of the tax commissioner of Irwin County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state.
Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Irwin County in 1980. The person so elected shall take office on the first day of January following his election for a term of four years and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of the present tax collector and tax receiver of Irwin County, and their terms of office shall continue through December 31, 1980.

GEORGIA LAWS 1980 SESSION

3031

Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,000.00, payable in equal monthly installments from the funds of Irwin County.
Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Irwin County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him together with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein.
Section 5. The governing authority of Irwin County shall have the authority to fix the number and compensation of such personnel as it shall deem necessary to assist the tax commissioner in discharging his official duties, but the tax commissioner shall have the sole right to select the individuals so employed. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds.
Section 6. All taxes due and payable to Irwin County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued.

3032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Irwin County to issue the call for an election for the purpose of submitting this Act to the electors of Irwin County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 100 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Irwin County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act consolidating the offices of tax receiver and tax collector of Irwin County into
] NO the office of tax commissioner of Irwin County be approved?
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Irwin County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation
Notice is hereby given that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to consolidate the offices of Tax Collector and Tax Receiver of Irwin County, Georgia into the office of Tax Commissioner of Irwin County, Georgia and to provide for the rights, duties and liabilities of said office; to pro-

GEORGIA LAWS 1980 SESSION

3033

vide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; (to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses); to make provisions relative to taxes and tax fi fas; (to provide for a referendum); to repeal conflicting laws; and for other purposes.
This 2nd day of January, 1980.
George W. Paulk, Chairman Of Board of County
Commissioners of Roads and Revenue, Irwin County, GA

Georgia, Irwin County.
Personally appeared before the undersigned attesting officer, William S. Bradford, who being duly sworn to speak the truth, states under oath that he is the publisher of The Ocilla Star, which is the official organ of Irwin County, Georgia and that there has been deposited with said newspaper the cost of publishing therein once a week for three (3) consecutive weeks, on the 3rd, 10th, and 17th of January, 1980, a notice from the Irwin County Board of Commissioners of Roads and Revenue of its intention to introduce legislation to consolidate the offices of Tax Collector and Tax Receiver of Irwin County, Georgia into the office of Tax Commissioner of Irwin County, Georgia and to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; (to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses); to make provisions relative to taxes and tax fi fas; (to provide for a referendum); to repeal conflicting laws; and for other purposes.
A copy of said notice as it appears in the official organ of Irwin County, Georgia is attached hereto as Exhibit "A".
This 21st day of January, 1980.
85--2

3034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Isl William S. Bradford(LS)
Sworn to and subscribed before me, this 21st day of January, 1980. Isl Larry P. Harper
Notary Public (Seal). Approved February 11,1980.
DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY ACT AMENDED.
No. 684 (House Bill No. 1086). AN ACT
To amend an Act creating the Downtown LaGrange Development Authority, approved Mairch 5, 1975 (Ga. Laws 1975, p. 2623), so as to change the limits of the Downtown LaGrange District; to change the provisions relating to the powers of the Authority; to change the provisions relating to debt obligations of the Authority and validation of the same; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. Laws 1975, p. 2623), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

GEORGIA LAWS 1980 SESSION

3035

"Section 3. There is hereby created within the City of LaGrange the Downtown LaGrange District which shall be composed of all that territory embraced within the following description:
`All that tract or parcel of land lying and being in the City of LaGrange, Georgia, and being more particularly described as follows:
Beginning at the intersection of North Lewis Street and Smith Street and running thence in an easternly direction and along Smith Street to its intersection with Morgan Street; running thence in a southernly direction and along Morgan Street to its intersection with West Depot Street; running thence in a westernly direction and along West Depot Street to its intersection with South Lewis Street; running thence in a northernly direction and along South Lewis Street to its intersection with Vernon Street; running thence in a westernly direction and along Vernon Street to its intersection with Greenwood Street; running thence in a northernly direction and along Greenwood Street to North Greenwood Street; running thence in a northernly direction and along North Greenwood Street to its intersection with Haralson Street; running thence in a westernly direction and along Haralson Street to its intersection with Gordon Street; running thence in a northernly direction and along Gordon Street to a line formed by projecting the northern margin of Battle Street in a westernly direction to and across Gordon Street; running thence in an easternly direction and along said projection of the northern margin of Battle Street to Battle Street; running thence in an easternly direction and along Battle Street to its intersection with North Lewis Street; running thence in a northernly direction and along North Lewis Street to the point of beginning.' "
Section 2. Said Act is further amended by striking in its entirety subsection (c) of Section 5 and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) To grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements to or acquisitions of real properties within the Downtown LaGrange District which, in the judgment of the governing body of this Authority, shall be of benefit to the economic improvement and development of said district or area;".

3036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. The revenue bonds and other obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of LaGrange or the State of Georgia within the meaning of Article IX, Section VII, Paragraph I of the Constitution (formerly Article VII, Section VII, Paragraph I of the Constitution of 1945), nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. Such obligations shall not be payable from, nor a charge upon, any funds of the city. All interest payable on obligations of the Authority is hereby declared to be tax ekempt for any and all purposes."
Section 4. Said Act is further amended by striking from Section 7 the following language in the next to last sentence:
"shall be validated in the Superior Court",
and inserting in lieu thereof the following:
"may be validated in the Superior Court",
so that when so amended Section 7 shall read as follows:
"Section 7. The Authority is hereby authorized to issue revenue bonds or obligations from time to time to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or

GEORGIA LAWS 1980 SESSION

3037

dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bond said governing authority then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said Authority may be validated in the Superior Court of Troup County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Downtown LaGrange Development Authority, approved March 5, 1975 (Ga. Laws 1975, p. 2623); and for other purposes.
This 17th day of December, 1979.
Is/ Nasor J. Mansour, Jr. Downtown LaGrange Development Authority
c/o Howard R. Park, Jr. P. O. Box 250 LaGrange, Ga. 30241

3038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Ed Mullinax who, on oath, deposes and says that he/she is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The LaGrange Daily News which is the official organ of Troup County, on the following dates: December 28, 1979, January 4, IT; 1980.
Is/ Ed Mullinax Representative, 69th District
Sworn to and subscribed before me, this 14th day of January, 1980. Is/ Elizabeth Ann Johnson
Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved February 12, 1980.
MILLER COUNTY - COMPENSATION OF TAX COMMISSIONER.
No. 702 (Senate Bill No. 461). AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Miller County into the office of the tax commis-

GEORGIA LAWS 1980 SESSION

3039

sioner of Miller County, approved March 31, 1967 (Ga. Laws 1967, p. 2332), so as to change the compensation provisions relating to the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and tax collector of Miller County into the office of the tax commissioner of Miller County, approved March 31, 1967 (Ga. Laws 1967, p. 2332), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The tax commissioner shall receive for his services as such an annual salary of not less than $12,000.00 nor more than $15,000.00, the exact amount to be determined by the board of commissioners of Miller County in January of each year. Said salary shall be paid in equal monthly installments from the funds of Miller County."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Miller County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended."

3040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that I shall introduce a bill in the 1980 session of the General Assembly to change the compensation of the Tax Commissioner of Miller County, Georgia, and for other purposes.
This 18th day of December, 1979.
Rep. Ralph Balkcom Sen. Jimmy Hodge Timmons
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Timmons who, on oath, deposes and says that he/she is Senator from the 1 1th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Miller County Liberal which is the official organ of Miller County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980.
Is/ J. H. Timmons Senator, 11 th District
Sworn to and subscribed before me, this 22nd day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved February 14, 1980.

GEORGIA LAWS 1980 SESSION

3041

MURRAY COUNTY W- CORONER PLACED ON SALARY BASIS.
No. 704 (House Bill No. 1127).
AN ACT
To place the coroner of Murray County on an annual salary; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The coroner of Murray County is hereby placed upon an annual salary of $1,800.00, payable in equal monthly installments out of the general funds of Murray County.
Section 2. The necessary operating expenses of the office of the coroner shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Murray County.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

3042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to place the coroner of Murray County upon an annual salary; to provide for the payment of the operating expenses of the office of the coroner of Murray County; and for other purposes.
This 20th day of December, 1979.
Honorable Tom Ramsey Representative, 3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Chatsworth News which is the official organ of Murray County, on the following dates: December 20, 1979, December 27, 1979, January 3, 1980.
/si Tom Ramsey Representative, 3rd District
Sworn to and subscribed before me, this 15th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. L 1981. (Seal).
Approved February 15, 1980.

GEORGIA LAWS 1980 SESSION

3043

BALDWIN COUNTY - ELECTION OF BOARD OF COUNTY COMMISSIONERS, REFERENDUM.
No. 707 (Senate Bill No. 548).
AN ACT
To amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, so as to provide for the election of board members from districts; to provide for the election of the chairman; to provide for election districts; to provide for terms of office; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is hereby created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For the purpose of electing members of the board, Baldwin County shall be divided into four election districts as follows:
Election District No. 1 shall consist of the following territory within Baldwin County:

3044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Milledgeville CCD 20 ED's 5, 6, 7, and 8 ED 10, Blocks 202 through 207 and 211 through 215.
Election District No. 2 shall consist of the following territory within Baldwin County:
Midway-Hardwick CCD 15 ED 15 ED 16, that portion which lies east of a line described as follows: Beginning at a point where Georgia Highway 112 intersects Camp Creek; thence northerly along Georgia Highway 112 to a point where Georgia Highway 112 intersects Laboratory Drive; thence westerly along Laboratory Drive to a point where Laboratory Drive intersects Garrard Road; thence northerly along Garrard Road to a point where Garrard Road intersects Mobley Road; thence westerly along Mobley Road to a point where Mobley Road intersects Twin Road; thence northeasterly and northerly along Twin Road to a point where Twin Road intersects Broad Street; thence westerly along Broad Street to a point where Broad Street intersects Swint Avenue; thence northerly along Swint Avenue to a point where Swint Avenue intersects the northern boundary of ED 16
Milledgeville CCD 20 ED's 13 and 14
Union Point CCD 25.
Election District No. 3 shall consist of the following territory within Baldwin County:

GEORGIA LAWS 1980 SESSION

3045

Coopers CCD 5 ED's 23, 24, and 25
Midway-Hardwick CCD 15 ED 16, except that portion included in District No. 2 ED's 17 and 18.
Election District No. 4 shall consist of the following territory within Baldwin County:
Coopers CCD 5 ED 26
Meriwether CCD 10 Milledgeville CCD 20
ED 9 ED 10, Blocks 217 and 301 through 304.
For the purposes of the description of election districts as provided for above, the designation `CCD' shall mean `Census County Division'; the designation `ED' shall mean `Enumeration District.' The terms `Census County Division,' `Enumeration District,' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States decennial census of 1970 for the State of Georgia, County of Baldwin. Any portion of Baldwin County which is not included in any election district described above shall be included within that election district contiguous to such portion which contains the least population according to the United States decennial census of 1970.
(b) There shall be one member of the board of commissioners elected from each election district. Each such member shall be elected by the qualified voters of Baldwin County residing solely within his election district. There shall be one member elected from the county at large who shall serve as the chairman of said board of commissioners. Any person qualifying as a candidate shall designate the election district for which he desires to qualify; or, if he desires to qualify for the post of chairman, he shall designate the `Chairman Post.' A person shall not be permitted to qualify as a candidate for an election district and the `Chairman Post.' A person offering as a candidate for election to the board from any election district shall be a legal resident of the district. A vacancy shall be created by any member of the board of commissioners who changes his legal residence from the election district from which elected.

3046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The members of the board of commissioners of Baldwin County serving on the effective date of this Act, or any successors appointed to fill vacancies created by such members, shall serve for a term of office expiring December 31, 1980. At the general election in 1980, the members of the board of commissioners, including the chairman, elected in accordance with the provisions of subsections (a) and (b) shall be elected to take office on January 1, 1981, for terms of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified."
Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Baldwin County to issue the call for an election for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The superintendent shall set the date of such election for Tuesday, March 11, 1980. 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 Baldwin County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act providing for the election of the members of the board of commissioners of
[ ] NO Baldwin County from election districts, with the exception of the chairman, who shall be elected from the county at large, be approved?
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Baldwin County. It shall be the duty of the superintendent to hold and conduct such

GEORGIA LAWS 1980 SESSION

3047

election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended; and for other purposes.
This 1 1th day of January, 1980.
Wilbur E. Baugh Representative, 108th District Bobby Eugene Parham Representative, 109th District Culver Kidd Senator, 25th District
Georgia, Baldwin County.
I, Roger W. Coover, do solemnly swear that I am the Publisher of the Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Culver Kidd for: Bill to amend an Act creating a Board of Commissioners of Baldwin County, was inserted in space of legal advertisement as follows: January 18, 25, February 1, 1980.
/si Roger W. Coover, Publisher

3048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Subscribed and sworn before me, this 1st day of February, 1980.
Isl Patsy C. Smith Notary Public My Commission Expires May 4, 1982. (Seal).
Approved February 15, 1980.
STATE COURT OF SPALDING COUNTY -- TERMS, JURIES, ETC.
No. 709 (House Bill No. 1616).
AN ACT
To amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3441), so as to change the terms of said court; to provide for sixman juries and procedure related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3441), is hereby amended by striking in its entirety Section 17, which reads as follows:
"Section 17. The regular terms of the State Court of Spalding County shall be held quarterly, beginning on the first Monday in March and December of each year, on the third Monday of May of

GEORGIA LAWS 1980 SESSION

3049

each year, and on the first Tuesday of September of each year. Adjourned and special terms of court may be called as needed by the judge of said court.",
and inserting in its place a new Section 17 to read as follows:
"Section 17. The regular terms of the State Court of Spalding County shall begin on the first and second Mondays in March, the third and fourth Mondays in May, the first and second Mondays in August, and the first and second Mondays in November of each year. Adjourned and special terms of court may be called as needed by the judge of said court."
Section 2. Said Act is further amended by striking in their entirety Sections 25 and 26, which read as follows:
"Sec. 25. Be it further enacted by the authority aforesaid. That traverse jurors in the city court of Griffin shall be procured in the following manner: The clerk of said court shall provide a city court jury box similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list, and of each person upon the traverse jury lists of the superior court of said county, and shall place all of said names in the city court jury box, from which shall be drawn twentyfour traverse jurors to serve in said court. All laws in reference to the drawing and summoning and impaneling traverse juries in the superior courts shall apply to the city court of Griffin, and the said city court judge shall have the same power to summons tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts are, or may hereafter be paid.
Sec. 26. Be it further enacted by the authority aforesaid. That all laws with reference to the qualification, impaneling, challenging and fining jurors now of force or hereafter be enacted, regulating the same in the superior courts, shall apply to and be observed in the said city court, except when inconsistent with the provisions of this Act. In cases where issues are to be tried by jury, the parties shall be entitled to the full panel of twenty-four (24) from which to strike. In civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to

3050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
serve seven peremptory challenges and the State five. And all laws and rules governing the selection of juries in the superior court shall apply to the city court of Griffin, unless inconsistent with this Act.",
and inserting in their place new sections to read as follows:
"Sec. 25. Be it further enacted by the authority aforesaid. That traverse juries in the State Court of Spalding County shall be procured, drawn, summoned, and paid pursuant to the same laws which apply to said matters in superior courts except as specifically provided otherwise in this Act. The judge shall have the same power to summon tales jurors as do the judges of superior courts.
Sec. 26. Be it further enacted by the authority aforesaid as follows: (a) All cases, both civil and criminal, over which the court has jurisdiction, shall be tried by the judge without a jury unless one party to the case shall demand, in writing, a trial by jury as to civil cases at the time of filing the suit or when defensive pleadings are filed, and, in criminal cases, at the time of pleading to the accusation.
(b) The jury in criminal cases shall consist of six jurors to be stricken alternately by the State and the defendant, from a panel of twelve qualified, prospective jurors. The State shall be entitled to three peremptory strikes, and the defendant shall be entitled to three peremptory strikes. The State shall be entitled to the first such strike, and the defendant shall be entitled to the last such strike, and the six remaining jurors shall compose the jury for the trial of the case.
(c) The jury in civil cases shall consist of six jurors to be stricken alternately by the plaintiff and the defendant, from a panel of twelve qualified, prospective jurors. The plaintiff shall be entitled to three peremptory strikes, and the defendant shall be entitled to three peremptory strikes. The plaintiff shall be entitled to the first such strike, and the defendant shall be entitled to the last such strike. The six remaining jurors shall compose the jury for the trial of the case."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

3051

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the number of jurors required in the State Court of Spalding County and to change the various terms of said Court, and to repeal conflicting laws and for other purposes.
This the 15th day of January, 1980.
Is/ Maureen C. Jackson as Clerk of Spalding County Commissioners

CERTIFICATE
Georgia, Spalding County.
I, Quimby Melton, Jr., the undersigned, as publisher of the Griffin Daily News, do hereby certify that the foregoing copy of notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following dates: January 19, 1980; January 26, 1980; and February 2, 1980.
This 4th day of February, 1980.
Is/ Quimby Melton, Jr., as Publisher of Griffin Daily News Griffin, Georgia

3052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the number of jurors required in the State Court of Spalding County and to change the various terms of said Court, and to repeal conflicting laws and for other purposes.
This the 15th day of January, 1980.
Maureen C. Jackson, as Clerk of Spalding County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Fortune, Jr. who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: January 19, 1980, January 26, 1980, February 2, 1980.
/si James R. Fortune, Jr. Representative, 71 st District
Sworn to and subscribed bef ore me, this 5th day of February, 1980.
Is/ Amela Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal).
Approved February 21, 1980.

GEORGIA LAWS 1980 SESSION

3053

DOWNTOWN ATHENS DEVELOPMENT AUTHORITY ACT AMENDED.
No. 713 (House Bill No. 1293).
AN ACT
To amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) so as to provide for powers of the Authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof the following:
"Section 6. The Authority shall have the power:
(1) To buy, acquire, construct, develop, rehabilitate, improve, own, operate, maintain, sell, lease and mortgage land, buildings, parking facilities, malls, arcades, roadways, street lights, sidewalks and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the Downtown Athens Area which promote the economic improvement and development or redevelopment of the Downtown Athens Area;
(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;
(3) To grant, loan, sell and lease any of its funds and property to private persons and corporations agreeing to operate, expand, acquire, construct, develop, rehabilitate, improve, own and maintain any commercial or business enterprise or establishment or any dwelling accommodations, cooperative apartments and condominiums within the Downtown Athens Area, which in the judgment of the governing body of the Authority will be ol benefit to the economic improvement and development or redevelopment ol said area;

3054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign proceeds of tax levied within the Downtown Athens Area, and any and all of its funds, revenues, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;
(5) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act;
(6) To encourage and promote the economic improvement, development, redevelopment and rehabilitation of the Downtown Athens Area and to make long-range plans therefor in cooperation with the planning developments of the Mayor and Council of the City and Clarke County;
(7) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds;
(8) To designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred;
(9) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred;
(10) To contract with the Mayor and Council of the City of Athens for the collection of any taxes levied pursuant to this Act;
(11) To adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary;
(12) To exercise all of the powers vested in the Authority by Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976 and all other necessary and ancillary powers necessary to carry out the provisions of said paragraph as it pertains to the Downtown Athens Development Authority;

GEORGIA LAWS 1980 SESSION

3055

graph as it pertains to the Downtown Athens Development Authority;
(13) The revenue bonds or other obligations herein authorized to be issued shall not be deemed to constitute a debt of the Mayor and Council of the City of Athens within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said City nor shall the City be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, funds of the City. If given as security for bonds or other obligations, any bondholder or lender shall have the right to compel the Authority and the City to levy the special tax herein provided for within the limit herein prescribed to pay the bonds or other obligations and interest thereon.
(14) The Authority is hereby authorized to issue revenue bonds or other obligations from time to time, to carry out the purposes of this Act. Revenue bonds or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of the Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds or other obligations shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. The Authority is created for nonprofit and public purposes, and it is hereby 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 the State of Georgia, that the Authority is an institution of purely public charity and will be per-

3056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
forming an essential governmental function in the exercise of the power conferred upon it by this Act, and for such reasons, the State covenants with the holders from time to time of the bonds and other obligations issued hereunder that the Authority shall be required to pay no taxes or assessments imposed by the State or any of its counties, municipal corporations, political subdivisions or taxing districts upon any property acquired by the Authority or under its jurisdiction, control, possession or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the Authority in the form of fees, recording fees, rentals, charges, purchase price, installments or otherwise, and that the bonds and other obligations of the Authority, their transfer and the income therefrom shall at all times be exempt from taxation within the State of Georgia. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds and other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and other obligations and to create and maintain a reserve for that purpose. Bonds issued by said Authority shall be validated in the Superior Court of Clarke County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761) as amended. There shall be no limitation upon the amount of revenue bonds or other obligations which the Authority may issue.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. Laws 1977, p. 3533) and for other purposes.

GEORGIA LAWS 1980 SESSION

3057

This 2nd day of January, 1980.
Paul C. Broun Senator
Hugh Logan Robert Argo John Russell Representatives
Georgia, Clarke County.
Personally appeared before me, the undersigned Notary Public R. M. McCommons who after being duly sworn stated under each oath that he is the Publisher of The Athens Observer newspaper, a newspaper of general circulation published in the city of Athens, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Athens Observer on January 3, 10, 17, 1980.
Is/ R. M. McCommons

Sworn to and subscribed before me, this 18th day of January, 1980.
Isl Anne Brightwell Notary Public, Georgia State At Large. My Commission Expires May 17, 1982. (Seal).
Approved February 29, 1980.

3058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHITFIELD COUNTY - COMPENSATION OF CLERK OF SUPERIOR COURT AND PROBATE JUDGE.
No. 714 (House Bill No. 1418).
AN ACT
To amend an Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3510) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3106), so as to change the compensation of the clerk and the probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff, clerk of the superior court and judge of the probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3510) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3106), is hereby amended by striking in their entirety the second and third unnumbered paragraphs of subsection (a) of Section 2 thereof and substituting in lieu thereof the following:
"In addition to the salary of the clerk of the superior court and the judge of the probate court in effect on the effective date of this paragraph, the clerk and the judge shall each receive an additional $2,000.00 for the period beginning on the effective date of this paragraph and ending on December 31, 1980. Beginning January 1, 1981, the clerk of the superior court and the judge of the probate court shall each receive an annual salary in the amount of $22,176.00, which amount shall be increased by five percent for each four-year term completed by such officers after January 1, 1981. The salaries of the clerk and the judge shall be payable in equal monthly installments out of county funds. The provisions of subsection (b) of this section shall not apply to the clerk and the judge after December 31, 1980."

GEORGIA LAWS 1980 SESSION

3059

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, clerk of the superior court, and judge of probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3593); and for other purposes.
This 21st day of December, 1979.
Is/ Roger Williams Honorable Roger Williams Representative, 6th District
Isi R. L. Foster Honorable R. L. Foster Representative, 6th District
Isl Tom Ramsey Honorable Tom Ramsey Representative, 3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Daily Citizen News which is the official

3060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
organ of Whitfield County, on the following dates: December 28, 1979, January 4, 1980, January 11, 1980.
Isi R. L. Foster Representative, 6th District
Sworn to and subscribed before me, this 23rd day of January, 1980. Is/ Elizabeth Ann Johnson
Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved February 29, 1980.
ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY ACT AMENDED.
No. 715 (House Bill No. 1483). AN ACT
To provide for additional powers to the Rome-Floyd County Development Authority; to provide for definitions; to provide for additional projects of the authority; to remove certain interest rate ceilings; to provide for applicability; to specify the grounds for certain amendments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

3061

Section 1. For purposes of this Act, the Rome-Floyd County Development Authority is that authority established pursuant to a resolution amending Article VII, Section VII, Paragraph V of the Constitution of 1945, which resolution appears in Ga. Laws 1962, p. 1067, which resolution was ratified November 6, 1962, and which resolution was continued as part of the Constitution of 1976. This Act is based upon those powers granted by subsection P of Section 1 of said amendatory resolution.
Section 2. In addition to any other powers granted to the RomeFloyd County Development Authority and without limiting any such powers, said authority is hereby granted all powers granted to authorities under the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended.
Section 3. In addition to any other projects regarding which the Rome-Floyd County Development Authority may exercise its powers and duties and without limiting any such projects, such powers and duties may also be exercised regarding any "project" as defined in the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended.
Section 4. In addition to any other powers granted to the RomeFloyd County Development Authority and without limiting any such powers, said authority is hereby authorized to set the rate or rates at which bonds of the authority bear interest without any ceiling as to such rate or rates.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent To Introduce Local Legislation
Notice is hereby given that a local bill will be introduced in the 1980 Regular Session of the General Assembly to change the RomeFloyd County Development Authority so as to provide additional

3062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
powers, to expand the definition of the word "project"; to remove the ceiling on the interest rate of seven (7%) per cent per annum on bonds and other obligations issued by said Authority; and for other purposes.
This 8th day of January, 1980.
Kenneth C. Fuller Representative, District 16
Georgia, Floyd County.
I, Leatha Davenport do solemnly swear that I am the Treasurer of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice of Local Legislation was inserted in The Home News-Tribune in space of 100 words on dates as follows: January 10, 17, 24, 1980.
Is/ Leatha Davenport
Subscribed and sworn to before me, this 25th day of January 1980.
Is/ Jean Mullinax Notary Public (Seal).
Approved February 29, 1980.

GEORGIA LAWS 1980 SESSION

3063

STEPHENS COUNTY - SMALL CLAIMS COURT.
No. 716 (House Bill No. 1636).
AN ACT
To create and establish a Small Claims Court in and for Stephens County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created and established a Small Claims Court in and for Stephens County. The court shall have civil jurisdiction in cases ex contractu in which the principal sum claimed or value of the property involved is greater than $200.00 but less than $3,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county and shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia.
(b) If a case filed in the Small Claims Court is not within the jurisdiction of the Small Claims Court but is within the jurisdiction of the State Court of Stephens County or the Superior Court of Stephens County, the judge of the Small Claims Court may transfer

3064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such case to the State Court or Superior Court. The Clerk of the State Court or Superior Court may require such filing fee or advance against costs as is required for new actions filed in such court. The judge of the Small Claims Court may refund to the plaintiff any unexpended funds deposited with said court by plaintiff.
Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must have been a resident of Stephens County for one year immediately preceding the date of the appointment of such judge, must be at least twenty-five years of age, must have completed two years of college education and have at least an associate degree or be a licensed and practicing attorney-atlaw, and must be a person of outstanding character and integrity.
(b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.
(c) The Judge of the Small Claims Court shall be subject to be removed from office for any sufficient cause which shall mean cause relating to and affecting the administration of his office and material as to the interests of the public and on conviction for malpractice in office as Justices of the Peace are. Removal for cause shall only occur after presentation of evidence to the Judge of the Superior Court of Stephens County and the Judge of the Small Claims Court shall have been given the opportunity to appear before the Judge of the Superior Court and make such sworn statement as he shall desire.
Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Stephens County or the judge of the State Court of Stephens County, on application of said judge of the Small Claims.Court who is unable to act, may perform such duties, and hear and determine all such matters as may be submitted to him, and may be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties hereby prescribed to be performed by the clerk may be performed by the judge, although the judge may

GEORGIA LAWS 1980 SESSION

3065

appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of the notice shall be made only within the county. Service shall be made by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with return receipt, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose.
(c) The notice shall include the date, hour and location of the hearing, which date shall not be less than fifteen nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.
(d) When notice is to be served by registered or certified mail, the Clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, certified or registered mail, return receipt requested, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked "refused", giving the date of refusal, and such notation of refusal is signed or initialed 96--2

3066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as part of the record in the case, and it shall be prima facie evidence of service upon the defendant.
(e) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(f) When served as provided, the cost of service as hereinafter provided shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(g) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the filing fee and the cost of service, as hereinafter provided with the court, which shall cover all costs of the proceeding not otherwise provided for. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to the fee hereinafter set forth for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.

GEORGIA LAWS 1980 SESSION

3067

Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff, and any excess which exceeds the jurisdiction of the court may be asserted by the defendant in a separate action in the Small Claims Court or in any other court of competent jurisdiction.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of the Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so

3068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

Section 13. (a) A judgment of the Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.

(b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias. It shall be the duty of the clerk of superior court when any such writ is filed with him to enter it on the general execution docket.

Section 14. The Sheriff of Stephens County and his deputies may also serve all summons and writs issued by the Small Claims Court but only after the means of service provided herein have been exhausted and after the Judge of the Small Claims Court shall make a sworn affidavit that such means of service have been attempted and have been unsuccessful.

Section 15. (a) The Judge or Clerk of the Small Claims Court shall be entitled to charge and collect the following fees:

Filing and docketing statement of claim Filing and docketing attachment Filing and docketing garnishment Filing and docketing trover action Filing claim affidavit and bond Service of notice of hearing or summons Issuing fieri facias Issuing subpoena or summons to witness

$12.50 $12.50 $12.50 $12.50 $12.50 $ 7.50 $ 2.00 $ .50

(b) The bailiffs of the Small Claims Court shall be entitled to the following fees:

Serving notice of hearing or summons and returning original, per copy (to be paid from the fee paid for service)
Summoning each witness Levying fieri facias

$ 5.00
$ 1.00 $ 7.50

GEORGIA LAWS 1980 SESSION

3069

Returning nulla bona Settling fieri facias without sale

$ 2.00 $ 3.00

Commissions on sales of property ten (10%) per cent of the first $250.00 and five (5%) percent on all sums over that amount, with the minimum of $5.00

Section 16. Review of judgments entered in the Small Claims Courts may be had by writ of certiorari to the Superior Court of Stephens County.

Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

"Small Claims Court of Stephens County Georgia

Plaintiff Address

Defendant
Address
Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim, and if the action is on a contract, either

3070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of Stephens
being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

, 19.

Plaintiff (or Agent)

Notary Public (or Attesting Official) Notice
TO: Defendant

Home Address or

Business Address

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

dollars ($

), as shown by the

foregoing statement. The court will hold a hearing upon this claim

on

at

.m. at (address of court).

GEORGIA LAWS 1980 SESSION

3071

You are required to be present at the hearing in order to avoid a judgment by default against you.
If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing.
If you wish to have witnesses summoned, see the court at once for assistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. Also, if you have a claim against the Plaintiff, you must come to the hearing in order to assert it.
You may come with or without an attorney.

Judge-Clerk of the Small Claims Court of Stephens County
(Seal)."
Section 18. A summons of garnishment may be served by a lawful constable or by a Small Claims Court bailiff. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. A garnishee shall be required to file his answer not sooner than thirty days and not later than forty-five days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Georgia Code Annotated Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 19. The judge of the Superior Court of Stephens County may, from time to time, make rules for a simple, inexpensive and

3072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 20. The judge of the Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction and shall be compensated out of the fees herein provided. Any person so appointed shall be known and designated as "Small Claims Court Bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Georgia Code Annotated Section 24-804 and give the bond prescribed in Georgia Code Annotated Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State.
Section 21. Within ninety days after this Act becomes effective, the judge of the superior court of Stephens County shall appoint the judge of the Small Claims Court of Stephens County who shall take office immediately after his appointment and qualification and serve until December 31, 1982, and until his successor is duly appointed and qualified. During the month of November, 1982, and in the month of November of each four years thereafter, it shall be the duty of the judge of the superior court of Stephens County to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. Nothing contained herein shall be construed to prevent the judge of the Small Claims Court from being appointed to succeed himself. All vacancies in the office of judge of the Small Claims Court shall be filled by appointment of a successor by the judge of the superior court of Stephens County, and such successor shall serve for the remainder of the unexpired term. A vacancy may be declared by the judge of the Superior Court of Stephens County upon presentation of satisfactory evidence that the

GEORGIA LAWS 1980 SESSION

3073

judge of the Small Claims Court has failed substantially to carry out the duties of his office for a period of at least ninety (90) days due to sickness, absence, or other cause.
Section 22. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of the court, may be furnished by the Board of Commissioners of Stephens County. They may also provide a suitable room in the courthouse for the holding of said court. In the event that the Board of Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 15.
Section 23. (a) The Small Claims Court shall have no designated terms, but the judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. It shall be the duty of the judge of the Small Claims Court to hold a session of court on at least one Saturday of each month, the Saturday to be selected by the judge, and to hold evening sessions as are necessary to permit the attendance of persons who are unable to attend court during the normal working day.
(b) The Small Claims Court shall hold its hearings in the Courtroom of the Stephens County Courthouse, provided that such hearings do not conflict with any session or proceeding of the State or Superior Courts of Stephens County. In the event of such a conflict, the Small Claims Court shall hold its hearings in the Grand Jury Room of said courthouse, provided the Grand Jury is not in session.
Section 24. The judge of said court shall have the power to impose fines of not more than fifty dollars on, or to imprison for not longer than seventy-two hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act,

3074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which shall remain of full force and effect, as if the section, subsection, sentence clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 26. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 27. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to authorize the establishment of a Small Claims Court for Stephens County, Georgia.
This 10th day of December, 1979.
Stephens County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin, who, on oath, deposes and says that he is representative from the 10th District, and that the aforesaid copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which is the official organ of Stephens County, on the following dates: December 13, December 20, and December 27, 1979.
Isl Jack Irvin Representative, 10th District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 6th day of February, 1980. /s/ Elizabeth Ann Johnson
Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved February 29, 1980.

3075

PULASKI COUNTY -- SMALL CLAIMS COURT.
No. 724 (House Bill No. 1797).
AN ACT
To create and establish a Small Claims Court of Pulaski County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.

3076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small Claims Court of Pulaski County. Said court shall have civil jurisddiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.
Section 2. (a) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Pulaski County, must be at least 22 years of age, have completed a high school education, must be a person of outstanding character and integrity, and must not be an elected public official.
(b) All other officers, now or hereafter provided, appointed to or employed by said court must be at least 21 years of age and must be residents of the county.
Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the Superior Court of Pulaski County, the probate court judge, or any judge of a city court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defend-

GEORGIA LAWS 1980 SESSION

3077

ant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(e) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour, and location of the hearing, which date shall be not less than ten nor more than 30 days from the date of the service of said notice.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the

3078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such pur-

GEORGIA LAWS 1980 SESSION

3079

pose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The chief judge of the Superior Court of Pulaski County may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of said small claims court shall have the power to appoint one or more bailiffs of and for said small claims court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "small claims court bailiff." Any such small claims court bailiff shall have the powers and authority and shall be subject to the penalties of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said small claims court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said county

3080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 15. A judgment of said small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
Section 16. Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the small claims court to the superior court, the same to be a de novo appeal.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:
"Small Claims Court of Pulaski County
_Georgia
Plaintiff
Address
vs.
Defendant

GEORGIA LAWS 1980 SESSION

3081

Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of
, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)
TO:

Notice. Defendant

Home Address or
Business Address

3082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

$

as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

.M. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

You may come with or without an attorney.

Judge-Clerk of the Small Claims Court
of Pulaski County
(Seal)."
Section 18. The Pulaski County Grand Jury shall appoint, on or before the effective date of this Act, a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified and shall thereafter appoint successors in like manner for a like term.
Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. They shall also provide a suitable room in the courthouse for the holding of said court.

GEORGIA LAWS 1980 SESSION

3083

Section 20. Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee shall be required to file his answer sooner than 10 days after he is served with summons, however. Whenever a garnishee shall fail or refuse to answer as provided above, unless the court in its discretion extends the time for filing, the judge may render a default judgment and issue an execution against the garnishee; but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a small claims court bailiff, or by the judge of the small claims court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or on the back of a conformed copy of the original summons of garnishment, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment.
Section 22. The books of the court shall be reviewed and audited annually by the grand jury.
Section 23. The judge of said court shall have the power to impose fines of not more than $50.00 on any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.50, plus a reasonable amount for expenses, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent with a minimum of $5.00.
Section 25. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the

3084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent
That is to say that I intend to introduce at this 1980 Legislative Session, a bill to create a small Claims Court in and for Hawkinsville and Pulaski County.
Ben Jessup Respresentative, District 117
Georgia, Pulaski County.
Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie Southerland, who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville, Dispatch and News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch and News, a local newspaper of general circulation in Pulaski County, Hawkinsville, Georgia, on January 16, January 23, January 30, 1980.
This 6th day of February, 1980.
Is/ Charlie Southerland

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 9th day of February, 1980. Isl Ben F. Jessup, Jr.
Notary Public My Commission Expires March 30, 1980. (Seal).
Approved March 5, 1980.

3085

CITY OF AUGUSTA - CORPORATE LIMITS.
No. 727 (House Bill No. 1530).
AN ACT
To amend the Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. Laws 1798), as amended by various amendatory acts thereof, by redefining the limits of said city along the western side of the levee on the banks of the Savannah River between East Boundary Street in said city and Bush Field; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The corporate limits of the City Council of Augusta, as extended by an act approved February 21, 1951 (Ga. Laws 1951, pp. 2914-2921), are redefined to exclude from the corporate limits any part of a tract of 117.8 acres now owned by the Richmond County Industrial Authority, and designated as Tract "A" and shown on a plat prepared for The Lummus Company by Baldwin & Cranston Associates, Inc. on August 20, 1973, last revised November 13, 1973, and recorded in the Office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Reel 26, pages 20402041.

3086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor, or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply For Local Legislation
Notice is hereby given that Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter and Laws pertaining to the City Council of Augusta to redefine the corporate limits; and for other purposes.
Samuel F. Maguire Attorney for the City Council of Augusta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 15, 22, 29, 1979.
Is/ Jack Connell Representative, 87th District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 29th day of January, 1980. Is/ Lounell R. Jones Notary Public My Commission Expires March 27, 1982. (Seal).
Approved March 7, 1980.

3087

HENRY COUNTY DEVELOPMENT AUTHORITY ACT AMENDED.
No. 728 (House Bill No. 1769).
AN ACT
To amend an Act known as the "Henry County Development Authority Act," approved March 28, 1967 (Ga. Laws 1967, p. 2291), as amended by an Act approved April 10, 1975 (Ga. Laws 1975, p. 2833), so as to change certain definitions; to provide for compensation of members and for reimbursement of expenses; to modify and expand the means by which the Authority may encourage and promote the expansion and development of commercial facilities in Henry County; to modify and further define the terms and conditions appertaining to the obligations of the Authority and to any security documents executed in connection therewith; to modify the remedies of bondholders; to prescribe limitations and procedures relating to the issuance by the Authority of its obligations; to provide for entertainment and promotional expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Henry County Development Authority Act," approved March 28, 1967 (Ga. Laws 1967, p. 2291), as amended by an Act approved April 10, 1975 (Ga. Laws 1975, p. 2833), is hereby amended by striking subsections (b) and (c)

3088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Section 2 in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The word `project' shall include:
(1) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt-line railroad, railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project.
(2) The acquisition, construction, leasing or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities located or to be located within the area of operation of the Authority.
(3) The acquisition, construction, improvement or modification of any property, real or personal, which any industrial concern might desire to use, acquire, or lease in connection with the operation of any plant or facility located or to be located within the area of operation of the Authority.
(4) The acquisition, construction, improvement or modification of any property, real or personal, used as air or water pollution control facilities which any Federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same are to serve and are necessary for the public

GEORGIA LAWS 1980 SESSION

3089

welfare. For the purposes hereof, the term `air pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable Federal, State or local standards for abatement or control of atmospheric pollutants or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing or storing pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power or other equipment, holding ponds, lagoons and appurtenances thereto, if such facility is in the furtherance of applicable Federal, State or local standards for the abatement or control of water pollution or contamination.
(5) The acquisition, construction, improvement or modification of any property, real or personal, used as, or in connection with, a sewage disposal facility or a solid waste disposal facility which any Federal, State or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same are to serve and are necessary for the public welfare. If such facility is to be operated by a political subdivision of this State, or agency or instrumentality thereof, for its general constituency, said certification need only state that such facility is necessary for the public welfare. For the purposes hereof, the term `sewage disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal, of sewage. For the purposes hereof, the term `solid waste disposal facility' shall mean any property used for the collection, storage, treatment, utilization, processing or final disposal of solid waste; and the term `solid waste' shall mean garbage, refuse or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows; the word `garbage' shall include putrescible wastes, including animal and vegetable matters, animal offal and car-

3090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
casses, and recognizable industrial by-products, but excluding sewage and human wastes; and the word `refuse' shall include all nonputrescible wastes.
(6) The acquisition, construction, improvement or modification of any property, real or personal or both, used as a peak shave facility. `Peak shave facility' shall have the meaning generally accepted and understood in the natural gas distribution industry as that term is generally understood to describe a storage facility for the purpose of avoiding undesirable consequences in the distribution system during peak periods of consumption. Any project involving a `peak shave facility' may be undertaken as otherwise provided in this Act.
(7) The acquisition, construction, improvement or modification of any property, real or personal, which shall be suitable for, used as, or in connection with:
(A) convention or trade show facilities;
(B) airports, docks, wharves, mass commuting facilities, parking facilities, or storage or training facilities directly related to any of the foregoing;
(C) facilities for the local furnishing of electric energy or gas;
(D) facilities for the furnishing of water, if available on reasonable demand to members of the general public; and
(E) facilities for lodging and for providing meals, provided that such facilities are acquired, constructed, improved or modified in connection with and adjacent to convention or trade show facilities acquired, constructed, improved or modified pursuant to subparagraph (A) above.
(8) The acquisition or development of land as the site for an industrial park. For purposes of the preceding sentence, the term `development of land' includes the provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are incidental to use

GEORGIA LAWS 1980 SESSION

3091

of the site as an industrial park but, except with respect to such facilities, does not include the provision of structures or buildings.
(9) The acquisition, construction, leasing, or financing of (i) an office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia and which will be adjacent to or used in conjunction with any other existing or proposed project now or hereafter defined in this subsection (b) (which existing or proposed project shall be located within the area of operation of the Authority and which is used or intended to be used by such business enterprise), or (ii) a separate office building facility and related real and personal property for use by any business enterprise which will further the development of trade, commerce, industry, or employment opportunities in the State of Georgia. No such office building facility as herein defined shall be undertaken by the Authority unless the Authority shall have determined that the business enterprise to use such facility will be the primary tenant.
(c) The term `cost of project' shall include: all costs of construction, purchase or other form of acquisition; all costs of real or personal property required for the purpose of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses and certificates and the securing of such franchises, permits, approvals, licenses and certificates and the preparation of applications therefor; all machinery, equipment, initial fuel and other supplies required for such project; financing charged, interest prior to and during construction and during such additional period as the Authority may reasonably determine to be necessary for the placing of such project in operation; costs of engineering, architectural and legal services; fees paid to fiscal agents for financial and other advice or supervision; cost of plans and specifications and all expenses necessary or incidental to the construction, purchase or acquisition of the completed project or to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing herein authorized. There may also be included, as part of such cost of project, the repayment of any loans made for the

3092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
advance payment of any part of such cost, including the interest thereon at rates to be determined by the Authority, which loans are hereby authorized if made payable solely from the proceeds of such Authority's bonds or notes or revenues to be received in connection with the leasing, sale or financing of the project. The cost of any project may also include a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the Authority with respect to the financing and operating of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under the provisions of this Act."
Section 2. Said Act is further amended by striking from Section 4 the following:
"The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily be a member of the Authority. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. The members of the Authority shall receive no compensation for their services, but they shall be entitled to receive reimbursement for expenses incurred in connection with the performance of their duties, subject to the approval of the Board of Commissioners.",
and inserting in lieu thereof the following:
"The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, who need not necessarily be members of the Authority. Commencing on the first regular meeting of the Authority of 1981, the Secretary and Treasurer, if not members of the Authority, shall serve for terms of two (2) years. If such persons are not members of the Authority, they shall be appointed by the Authority subject to approval by the governing authority of Henry County. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. Each member of the Authority and the Secretary and Treasurer, if not

GEORGIA LAWS 1980 SESSION

3093

members of the Authority, shall receive as compensation for his services an amount not to exceed $ 100 per month, the exact amount to be determined by the governing authority of Henry County. Each member of the Authority shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the Authority was created, subject to the approval of the Authority. Provided, however, that once the total expenses of all members of the Authority reach $100 for a given month, any additional expenses of members shall be subject to the approval of the governing authority of Henry County.",
so that when so amended Section 4 shall read as follows:
"Section 4. Membership. The Authority shall consist of five (5) members appointed by the Board of Commissioners of Henry County. Positions on the Authority shall be designated as Posts 1 through 5, respectively, by the Board of Commissioners. The persons appointed to represent Posts 1 through 3 shall be appointed for terms of office of two (2) years each and until their successors are appointed and qualified. Persons appointed to represent Posts 4 and 5 shall be appointed for terms of office of four (4) years each and until their successors are appointed and qualified. Thereafter, all appointments to the Authority shall be for a term of office of four (4) years. The members of the Authority shall serve until their successors are duly appointed and qualified. All members shall be eligible for reappointment. If any member of the Authority shall resign or be unable to serve for any reason, a successor shall be appointed to the vacant position on the Authority. The Board of Commissioners of Henry County shall appoint all of the members of the Authority within ten (10) days after the effective date of this Act. Immediately after such appointments, the members of the Authority shall enter upon their duties. Members of the Authority shall be citizens of the United States who have attained the age of twentyone (21) years and who have been citizens of this State for two (2) years and residents of Henry County for one (1) year immediately preceding their appointments as members of the Authority. The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, who need not necessarily be members of the Authority. Commencing on the first regular meeting of the Authority of 1981, the Secretary and Treasurer, if not members of the Authority, shall serve for terms of

3094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
two (2) years. If such persons are not members of the Authority, they shall be appointed by the Authority subject to approval by the governing authority of Henry County. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. Each member of the Authority and the Secretary and Treasurer, if not members of the Authority, shall receive as compensation for his services an amount not to exceed $ 100 per month, the exact amount to be determined by the governing authority of Henry County. Each member of the Authority and the secretary and treasurer shall be reimbursed in full for all reasonable expenses incurred in connection with the performance of activities that serve the purposes for which the Authority was created, subject to the approval of the Authority. Provided, however, that once the total expenses of all members of the Authority and the secretary and treasurer reach $100 for a given month, any additional expenses of members shall be reimbursed subject to the approval of the governing authority of Henry County. Prior to taking office, the members of the Authority shall subscribe to the following oath, to wit:
`I do solemnly swear that I will fully and fairly perform the duties as a member of the Henry County Development Authority, so help me God.'
The Authority shall have perpetual existence as hereinafter provided."
Section 3. Said Act is further amended by striking in its entirety subsection (5) of Section 6 and inserting in lieu thereof a new subsection (5) to read as follows:
"(5) To encourage and promote the expansion and development of industrial and commercial facilities in Henry County so as to relieve insofar as possible unemployment within its boundaries, and to that end:
(a) to acquire by purchase, gift or construction any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof;

GEORGIA LAWS 1980 SESSION

3095

(b) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein;
(c) to mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority;
(d) to extend credit or make loans to any person, firm, corporation or other industrial entity for the planning, design, construction, acquisition or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts and all other instruments or fees or charges, upon such terms and conditions as the Authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this section in connection with a project for such person, firm, corporation or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement or other instrument, such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project as the Authority may deem necessary or desirable;
(e) to acquire, accept or retain equitable interests, security interests or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement or other transfer in order to secure the repayment of any monies loaned or credit extended by the Authority;
(f) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations or any other contribution, all of which the Authority is hereby authorized to receive and accept and use;
(g) to borrow money and issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof

3096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued, and to otherwise carry out the purposes of this Act and to pay all other costs of the Authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes; provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in this Act;
(h) as security for repayment of Authority obligations, to pledge, mortgage, convey, assign, hypothecate or otherwise encumber any property, real or personal, of such Authority and to execute any trust agreement, indenture or security agreement containing any provisions not in conflict with law, which trust agreement, indenture or security agreement may provide for foreclosure or forced sale of any property of the Authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof;".
Section 4. Said Act is further amended by striking Sections 8 and 9 in their entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Provisions and obligations; remedies of bondholders; limitations and procedures. Subject to the limitations and procedures provided by this section, the obligations of the Authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the Authority, and the Authority may provide in such instruments for the pledging of all or any part of its revenues, income or charges

GEORGIA LAWS 1980 SESSION

3097

and for the mortgaging, encumbering or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Similarly, subject to the limitations and procedures of this section, undertakings of the Authority may prescribe the procedure by which bondholders and note holders may enforce rights against the Authority and provide for rights upon breach of any covenant, condition or obligation of the Authority, and bonds, resolutions, trust indentures, mortgages or deeds to secure obligations executed by the Authority and bond anticipation notes executed by the Authority may contain such provisions not otherwise contrary to law as the Authority shall deem necessary or desirable.
(a) Use of bond and note proceeds: The proceeds derived from the sale of all bonds and bond anticipation notes issued by the Authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, all or part of the cost of any project, including the cost of extending, financing, adding to or improving such project or for the purpose of refunding any bond anticipation notes issued in accordance with the provisions of this Act or refunding any previously issued bonds of the Authority.
(b) Revenue obligations: All bonds and bond anticipation notes issued by the Authority shall be revenue obligations of the Authority, and may be made payable out of any revenues or other receipts, funds or monies of the Authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds or moneys.
(c) Subsequent series of bonds or notes: Issuance by the Authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in connection with the same project or with any other projects, but the proceeding wherein any subsequent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior issue of bonds or bond anticipation notes, 97--2

3098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unless in the resolution authorizing such prior issue the right is expressly reserved to the Authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue.
(d) Bond anticipation notes: The Authority shall have the power and is hereby authorized, whenever revenue bonds of the Authority shall have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the Authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(e) Interest rates on obligations of the Authority: The interest rate on or rates to be borne by any bonds, notes or other obligations issued by the Authority shall be fixed by the board of directors of the Authority and any limitations with respect to interest rates found in the `Revenue Bond Law' (Ga. Laws 1937, p. 761), as amended, or the usury laws of the State of Georgia shall not apply to obligations issued under this Act.
(f) Validation and issuance of revenue bonds: All revenue bonds issued by the Authority under this Act shall be issued and validated under and in accordance with the `Revenue Bond Law' of the State of Georgia, as heretofore and hereafter amended, except as provided in subsection (e) of this section and except as specifically set forth below in this subsection:

GEORGIA LAWS 1980 SESSION

3099

(1) Revenue bonds issued by the Authority may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions, as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide;
(2) Revenue bonds shall bear a certificate of validation. The signature of the Clerk of the Superior Court of Henry County may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this State;
(3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by the Authority are to bear, the notice to district attorney or Attorney General and the notice to the public of the time, place and date of the validation hearing may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that in the event the bonds are to bear different rates of interest for different maturity dates that none of such rates will exceed the maximum rate specified in the notices: Provided, however, that nothing contained herein shall be construed as prohibiting or restricting the right of the Authority to sell such bonds at a discount, even if in so doing, the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices;
(4) The term `cost of project' shall have the meaning prescribed in subsection (c) of Section 2 of this Act whenever referred to in bond resolutions of the Authority, bonds and bond anticipation notes issued by the Authority, or notices and proceedings to validate such bonds."
Section 5. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. Entertainment and Promotional Expenses. Except with the written approval of the governing authority of Henry

3100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, no moneys in excess of $100 per month derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses."
Section 6. Said Act is further amended by renumbering Sections 10, 11, 12, 13, 14, 15 and 16 so that they shall now be numbered Sections 9, 10, 11, 12, 13, 14 and 15, respectively.
Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act known as the "Henry County Development Authority Act", approved March 28, 1967 (Ga. L. 1967, p. 2291), and amended April 10, 1975 (Ga. L. 1975, p. 2835), so as to change the definitions of "project" and "cost of project"; to provide for compensation of members and for reimbursement of expenses; to modify and expand the means by which the Authority may encourage and promote the expansion and development of commercial facilities in Henry County; to modify and further define the terms and conditions appertaining to the obligations of the Authority and to any security documents executed in connection therewith; to modify the remedies of bondholders; to prescribe limitations and procedures relating to the issuance by the Authority of its obligations; to provide for entertainment and promotional expenses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
This 12th day of December, 1979.
Henry County Development Authority A. J. Welch, Jr. Attorney for the Henry County Development Authority

GEORGIA LAWS 1980 SESSION

3101

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: December 26, 1979, January 2, 9, 1980.

Is/ Richard Chamberlin Representative, 73rd District

Sworn to and subscribed before me, this 7th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 7, 1980.

3102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF WALKER COUNTY -- JURIES, PROCEDURE, ETC.
No. 729 (House Bill No. 1711).
AN ACT
To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2536), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2254), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2423), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2425), an Act approved March 24, 1970 (Ga. Laws 1970, p. 679), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3959), so as to provide that said court may by local rule provide that trial juries in said court shall consist of six jurors and for strikes and other procedure in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. Laws 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2536), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2254), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2604), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2720), an Act approved April 6, 1967 (Ga. Laws 1967, p. 2963), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2423), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2425), an Act approved March 24, 1970 (Ga. Laws 1970, p. 679), an Act approved April 17, 1973 (Ga. Laws 1973, p. 3030), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3959), is hereby amended by adding following Section 19 a new Section 19.1 to read as follows:
"Section 19.1. Said court may, but is not required to, provide by rule of court for six-man juries in accordance with the following procedure:

GEORGIA LAWS 1980 SESSION

3103

(1) The jury in criminal cases shall consist of six jurors to be stricken alternately by the state and the defendant from a panel of 12 qualified prospective jurors. The state and the defendant shall each be entitled to three peremptory strikes. The state shall be entitled to the first strike and the defendant entitled to the last strike; and the six remaining jurors shall compose the jury for the trial of the case.
(2) The jury in civil cases shall consist of six jurors to be stricken alternately by the plaintiff and the defendant from a panel of 12 qualified prospective jurors. The plaintiff and the defendant shall each be entitled to three peremptory strikes. The plaintiff shall be entitled to the first strike and the defendant entitled to the last strike; and the six remaining jurors shall compose the jury for the trial of the case."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill amending the Act creating the State Court of Walker County, Georgia, so as to provide for six-man juries in said court.
Wayne Snow, Jr. Representative, District 1, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is

3104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the official organ of Walker County, on the following dates: January 16, 23,30, 1980.
Isi Wayne Snow, Jr. Representative, 1st District
Sworn to and subscribed before me, this 11th day of February, 1980. Isl Elizabeth Ann Johnson
Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 8, 1980.
COMPENSATION TO W. P. DEAN. No. 87 (House Resolution No. 463-1200).
A RESOLUTION Compensating Mr. W. P. Dean; and for other purposes. WHEREAS, in October and November of 1977, Mr. W. P. Dean, d/b/a Spot Auto Electric Co., was forced to relocate his business by Highway Project M-3090( 1) Hall County; and WHEREAS, as a result of said forced relocation and through no fault of his own, Mr. Dean incurred expenses in excess of $10,000.00, the total amount of said expenses being $14,245.51; and

GEORGIA LAWS 1980 SESSION

3105

WHEREAS, Mr. Dean has been reimbursed by the state for only $4,400.93 of said expenses; and
WHEREAS, it is fitting that Mr. Dean be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to pay the sum of $2,000.00 to Mr. W. P. Dean as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved March 12, 1980.

GREENE COUNTY DEVELOPMENT AUTHORITY ACT AMENDED.
No. 733 (House Bill No. 1556).
AN ACT
To amend the "Greene County Development Authority Act," approved April 4, 1963 (Ga. Laws 1963, p. 3005), so as to delete from said Act provisions relating to definitions of certain terms, purposes of the authority, issuance of bonds by the authority, functions of the authority, contracts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons handling funds, and public debt; to provide that except as specifically provided otherwise in said Act or the Constitution the Greene County Development Authority shall have the same powers, duties, rights, responsibilities, and obligations, as an authority under the general "Development Authorities Law"; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

3106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. The "Greene County Development Authority Act," approved April 4, 1963 (Ga. Laws 1963, p. 3005), is hereby amended by striking in their entirety the following sections and parts of sections:
(1) Paragraph (3) of Section 2 defining the terms "undertaking," "project," and "undertaking or project";
(2) Paragraph (4) of Section 2 defining the term "cost of project";
(3) Section 5, relating to purposes of the authority;
(4) Section 6, relating to bonds;
(5) Section 7, relating to purposes of the authority;
(6) Section 8, relating to functions of the authority;
(7) Section 9, relating to contracts with Greene County;
(8) Section 10, relating to powers of the authority;
(9) Section 11, relating to procedure for issuing bonds;
(10) Section 12, relating to tax exemptions;
(11) Section 13, relating to bonding of persons handling funds; and
(12) Section 14, relating to public debt;
and by adding a new Section 5 to read as follows:
"Section 5. Except as specifically provided otherwise in this Act or in the amendment to the Constitution creating the Greene County Development Authority ratified at the 1962 general election (Ga. Laws 1962, p. 985), the powers, duties, rights, responsibilities, and obligations of the Greene County Development Authority shall be the same as those of an authority created by the Act known as the

GEORGIA LAWS 1980 SESSION

3107

`Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended; and the pertinent provisions of said `Development Authorities Law' are hereby incorporated into this Act by reference and made applicable to the Greene County Development Authority.",
and by renumbering Sections 15 through 21 as Sections 6 through 12, so that when so amended the text of said Act shall read as follows:
"Section 1. This Act shall be known as and may be cited as the `Greene County Development Authority Act.'
Section 2. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context:
(1) The word `Authority' shall mean the `Greene County Development Authority,' created hereby.
(2) The word `Governing Authority of Greene County' shall mean the Board of Commissioners of Roads and Revenues of Greene County, their successors or such other Authority that may be hereafter provided for the administering of the affairs of Greene County.
Section 3. Pursuant to the Constitution of the State of Georgia there is hereby created a body corporate and politic to be known as the `Greene County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Greene.
Section 4. The Authority shall consist of five (5) members to be appointed in the manner as hereinafter set forth. One member of the Authority shall be ex officio President of the Chamber of Commerce of Greene County, and his successors in office. The Planning Commission of Greene County, Georgia, shall appoint one member to serve for an initial term on the Authority for two years. The Board of Commissioners of Roads and Revenues of Greene County shall appoint one member to the Authority to serve for an initial term of three years. The Mayor and Council of Greensboro,

3108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, shall appoint one member to the Authority to serve for an initial term of four years. The Mayor and Council of Union Point shall appoint one member to serve an initial term of five years. At the expiration of the terms of the initial members of the Authority, their successors shall be appointed by the respective appointing authorities hereinabove provided for, and their terms shall be for five years and until their successors are appointed and qualified.
All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them.
Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years, and who shall have been citizens of this State for two (2) years, and for one year a resident of Greene County immediately preceding his appointment as a member of the Authority.
Should any member resign, be unable to serve or move beyond the territorial limits of Greene County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the respective appointing authority.
Prior to taking office the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Greene County Development Authority, So Help Me God. '
The members of said Authority shall be entitled to no compensation.
Any three members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the authority must be approved by not less than three affirmative votes. No vacancy shall impair the power of the Authority to act.
Section 5. Except as specifically provided otherwise in this Act or in the amendment to the Constitution creating the Greene County Development Authority ratified at the 1962 general election (Ga. Laws 1962, p. 985), the powers, duties, rights, responsibilities, and

GEORGIA LAWS 1980 SESSION

3109

obligations of the Greene County Development Authority shall be the same as those of an authority created by the Act known as the `Development Authorities Law,' approved March 28, 1969 (Ga. Laws 1969, p. 137), as now or hereafter amended; and the pertinent provisions of said `Development Authorities Law' are hereby incorporated into this Act by reference and made applicable to the Greene County Development Authority.
Section 6. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Greene and/or any incorporated city or town in said county, the Governing Authorities of the County of Greene and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority.
Section 7. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided.
Section 8. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Greene County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public.
Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection.

3110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder.
Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend the "Greene County Development Authority Act" approved April 4, 1963 (Ga. Laws 1963, p. 3005), so as to delete from said Act provisions relating to definitions of certain terms, purposes of the authority issuance of bonds by the authority, functions of the authority, contacts of the authority with Greene County, powers of the authority, tax exemptions, bonding of persons bonding funds, and public debt; to provide that except as specifically provided otherwise in said Act or the Constitution of the Greene County Development Authority shall have the same powers, duties, rights, responsibilities, and obligations, as an authority under the general "Development Authorities Law"; and for other purposes.

GEORGIA LAWS 1980 SESSION

3111

This 3rd day of January, 1980.
E. R. Lambert Representative, 112th District

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Herald Journal which is the official organ of Greene County, on the following dates: January 11, 18,25, 1980.

Is/ E. R. Lambert Representative, 112th District
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 13, 1980.

3112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
McIntosh county board of education, REFERENDUM.
No. 735 (House Bill No. 1596).
AN ACT
To provide for the election of members of the board of education of McIntosh County; to provide for education districts and posts; to provide for the election of the chairman and members of the board; to provide for the compensation of the chairman and members of the board; to provide for filling vacancies on the board; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The board of education of McIntosh County shall be composed of five members to be elected as hereinafter provided. McIntosh County is hereby divided into five education districts as follows:
Education district 1 shall be comprised of all of the territory in McIntosh County.
Education districts 2, 3, 4, and 5 shall each be comprised of one of the four road districts in McIntosh County, as such road districts exist on the effective date of this Act. The probate judge of McIntosh County shall designate, within 30 days of the effective date of this Act, an education district number for each such road district.
For the purpose of electing members of the board of education of McIntosh County, the five positions on the board are hereby designated as education posts 1 through 5, respectively. Education post positions on the board shall correspond to the same numerical designations as the education districts. The chairman of the board of education shall be elected from post 1.
Section 2. Any person seeking election to the board of education of McIntosh County shall designate the particular education post for which he is offering as a candidate. One member of the board of

GEORGIA LAWS 1980 SESSION

3113

education shall be elected for each education post. No person shall be eligible to qualify as a candidate for election to the board of education unless he has been a bona fide resident for at least one year immediately preceding the date of the election of the education district and post for which he is a candidate. Candidates shall be elected by a majority vote of the qualified voters of the education district from which the member is elected voting in an election conducted for the purpose of electing members of the board of education of McIntosh County. All members shall be nominated and elected in accordance with the provisions of Code Title 34, known as the "Georgia Election Code," as now or hereafter amended.
Section 3. (a) The first members of the board of education of McIntosh County provided for herein shall be elected at the general election conducted in November 1980, and they shall assume office on the first day of January 1981, for terms of four years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office, and they shall assume office on the first day of January immediately following their respective elections, and they shall each serve for terms of four years. All members shall serve until their successors are elected and qualified.
(b) Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected by the electors of the education district to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office.
Section 4. (a) The chairman of the board of education of McIntosh County shall be compensated in the amount of $100.00 per month.
(b) The other members of the board shall be compensated in the amount of $50.00 per month.
Section 5. The McIntosh County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the heretofore existing McIntosh County Board of

3114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Education and shall be subject to all constitutional and statutory provisions relating to county boards of education.
Section 6. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of McIntosh County to issue the call for an election for the purpose of submitting this Act to the electors of the McIntosh County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days from the date of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of McIntosh County. The ballot shall have written or printed thereon the words:
``L ] YES Shall the Act providing for the election of the McIntosh County Board of Education be
[ ] NO approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by McIntosh County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3115

Notice of Intention to Introduce Local Legislation.
Pursuant to a request of the County Commissioners and the McIntosh County Grand Jury notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to provide for the election of the members of the Board of Education of McIntosh County; to provide for a referendum; and for other purposes.

This 7th day of January, 1980.

Isl Rene' D. Kemp Representative, 139th District
Isl Glenn E. Bryant Senator, 3rd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates; January 10, 17, and 24, 1980.

Isl Rene' D. Kemp Representative, 139th District

3116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 14, 1980.
CITY OF EAST POINT - ELECTIONS. No. 742 (House Bill No. 887).
AN ACT
To amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. Laws 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. Laws 1972, pp. 2151, et seq.), and as further amended and particularly that Act approved April 9, 1973 (Ga. Laws 1973, pp. 2577, et seq.), so as to provide for nonpartisan elections within the limits of the City of East Point; to provide for an effective date; to repeal conflicting laws and ordinances; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of East Point, Fulton County, Georgia, approved August 19, 1912 (Ga. Laws 1912, pp. 862, et seq.), and the several Acts amendatory thereof, including that Act approved March 9, 1972 (Ga. Laws 1972, pp. 2151, et seq.), and more specifically that Act approved

GEORGIA LAWS 1980 SESSION

3117

April 9, 1973 (Ga. Laws 1973, pp. 2577, 2595), is hereby further amended as hereinafter set forth. Said amendatory Act of 1973, page 2595 is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 as it encompasses Section 124 of the charter of the City of East Point, a new Section 124 which shall read as follows:
"Section 124. Nonpartisan Elections. All elections for the purpose of electing the Mayor and members of the City Council shall be nonpartisan and no political party shall conduct primaries for the purpose of nominating candidates for municipal elections."
Section 2. Effective Date. This Act shall become effective on the later date of the happening of the approval of this Act by the Governor or its approval by the Civil Rights Division of the United States Justice Department, as required pursuant to the Voting Rights Act of 1965.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that the City of East Point, Georgia intends to apply for the passage of local legislation in the 1979 regular session of the General Assembly of Georgia, which convenes in January, 1979. The title of the Bill or Bills to be introduced shall be entitled as follows:
An Act to amend an Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 9, 1972, (Ga. L. 1972, p. 2151, et seq.), and as amended; and for other purposes.
This 20th day of December, 1978.

3118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Georgia, Fulton County.

City of East Point, Georgia By: George N. Sparrow,Jr. City Attorney

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he/she is Representative from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: February 2, 9, 16, 1979.

Is/ Dick Lane Representative, 40th District

Sworn to and subscribed before me, this 22nd day of February, 1979.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3119

PAULDING COUNTY CIVIL SERVICE SYSTEM ACT.
No. 743 (House Bill No. 1008).
AN ACT
To authorize the establishment of a civil service system in Paulding County for employees of Paulding County; to provide for the creation of a civil service board; to make provisions for petitioning said board to come under the system; to define department; to prescribe the duties and functions of said board; to provide that said board shall hold public meetings, after which said board shall propose to the governing authority of Paulding County rules and regulations to be adopted by the governing authority for the Paulding County Civil Service System, providing for the selection, promotion, and demotion of personnel, job classifications, and prescribed qualifications of personnel; to provide that when said rules and regulations proposed by the civil service board are approved and adopted by the governing authority of Paulding County they shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board; to enumerate such offices of the county as shall be exempted from said civil service system; to provide for the manner of conducting hearings by the civil service board; to provide the number, manner of selection, and compensation of members of said board; to provide for appeals to the board by employees under the civil service system who have been dismissed from employment; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. This Act may be cited as the "Paulding County Civil Service System Act."
Section 2. (a) From and after the passage and approval of this Act, there is hereby authorized to be created and established by the governing authority of Paulding County a civil service system of personnel administration, to be known as the Paulding County Civil Service System. The said governing authority shall be authorized to create such civil service system by appropriate resolution, which resolution shall specify the department, personnel, and offices of the county government governed by such system and the effective date of said system.

3120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) All employees of Paulding County may be placed under said civil service system except: All elected officers, all appointed boards, members of commissions and authorities, county attorneys, part-time employees, and others expressly exempt by law.
Section 3. (a) There is hereby authorized to be established by said governing authority of said county a civil service board composed of three (3) citizens who are freeholders of Paulding County of known sympathy to the civil service system, who are not employees of Paulding County, who have paid their taxes to date, and who have been residents of Paulding County for two (2) years or more.
(b) Members of the civil service board shall be selected and appointed for a term of four (4) years each and shall serve until their successors are named and qualified. Said members of the civil service board shall be selected and appointed in the following manner: One member shall be selected by the elected county officials, namely, clerk of superior court, tax commissioner, sheriff, and judge of the probate court who shall have one vote each and the board of county commissioners who shall have only one vote which may be cast by a majority of said board, and the person so selected by said county officials shall be appointed to the civil service board by the county governing authority. The second member shall be selected by the employees of Paulding County (other than the aforesaid elected officials), who are eligible to come under the provisions of this Act and who are in the employ of Paulding County on a full-time basis when the constitutional amendment authorizing the creation of a civil service system in Paulding County is ratified by a majority expression to the county governing authority of their selection by appropriate petition or ballot and the person so selected shall be appointed by the county governing authority after being advised of the selection. The third member of the civil service board shall be selected by the two (2) members selected by the elected officials and the full-time county employees, and the person selected shall be appointed to the board by the county governing authority. No member of the civil service board shall have held political office or have been a salaried employee of Paulding County during the three (3) months preceding his appointment. No member of the civil service board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing said member shall be served by registered or

GEORGIA LAWS 1980 SESSION

3121

certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for said hearing with Written specifications of the charges against him. The three (3) members shall designate one of their number as chairman and vice-chairman. Vacancies on the civil service board shall be filled in the same manner except the member representing the county employees shall be selected by a majority expression of only the employees electing to be covered and who are covered by the civil service system and who are in the full-time employ of Paulding County when and if such vacancies occur.
(c) Members of the civil service board shall receive as compensation for their services an amount to be determined by the governing authority of the county.
Section 4. It shall be the duty, function, and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be held in offices provided therefor by the governing authority of Paulding County or in a courtroom of the Superior Court of Paulding County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the board. Said board shall hold regular meetings at least once a month and may hold additional meetings as may be required for the proper discharge of its duties.
Section 5. When more than fifty (50%) percent of the employees in any department of Paulding County petition the herein established civil service board that they wish to be placed under the system, they shall thereafter be under the system and subject to the full provisions thereof. A department, for the purposes of this Act, shall mean any department so designated by the governing authority of Paulding County.
Section 6. The duties and functions of the civil service board shall be as follows:
(a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system and thereafter recommend to the governing authority of Paulding County the adoption of rules and regulations and standards effectuating the civil

3122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
service system established under this Act. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the civil service system, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be processed in accordance with such rules and regulations as may be adopted. Said rules and regulations when proposed by the civil service board as aforesaid and approved and adopted by the governing authority of Paulding County shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board.
(b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said civil service system and to hear appeals from any employee who claims to have been improperly dismissed.
(c) The civil service board shall keep and maintain an accurate record of minutes and shall be furnished clerical assistance by the governing authority to keep and maintain its minutes and records.
(d) Said board shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the governing authority of Paulding County, said amendments shall have the force of law and be binding on all parties affected by said civil service system.
Section 7. No employee of any department or office of the county which has been brought under the civil service system pursuant to this Act may be dismissed from employment in said department or office except for good cause and in accordance with the

GEORGIA LAWS 1980 SESSION

3123

rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the civil service board. Such appeal shall be heard at the next regular or special meeting of the civil service board after it is filed and must be heard and determined by the board within forty-five (45) days of the date said appeal is filed with the board; provided, however, that such dismissed employee must file his appeal with the board in writing within ten (10) days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause.
Section 8. All costs for salaries, expenses, and supplies for the establishment and operation of the civil service system and civil service board shall be borne by the county and paid out of county funds as a cost of administration.
Section 9. This Act shall become effective July 1, 1980.
Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice Of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to create a Paulding County Civil Service System and to provide for the coverage, membership, requirements, practices and procedures in connection therewith; and for other purposes.
This 25th day of January, 1979.

3124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Georgia, Fulton County.

Bill Cooper Representative, 19th District

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dallas News Era which is the official organ of Paulding County, on the following dates: February 1, 8, 15, 1979.

Isl Bill Cooper Representative, 19th District

Sworn to and subscribed before me, this 23rd day of February, 1979.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3125

DADE COUNTY -- SHERIFF'S BUDGET, ETC.
No. 744 (House Bill No. 1012).
AN ACT
To amend an Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), so as to change the provisions relating to the budget for the sheriff's office; to change the maximum amounts for the budget for the sheriff's office; to change the provisions relating to the powers and duties of the advisory board; to change the provisions relating to the powers and duties of the governing authority of Dade County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L An Act placing the sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2193), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 2969), is hereby amended by striking from the second paragraph of subsection (a) of Section 3A of said Act the following:
"(3) $65,000 per annum for the fiscal year beginning January 1, 1977, and each fiscal year thereafter.",
and inserting in lieu thereof the following:
"(3) $85,000 per annum for the fiscal year beginning January 1,' 1980, and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-ofliving increases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget'

3126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying the existing base budget by the percentage decrease in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year.",
so that when so amended the second paragraph of subsection (a) of Section 3A shall read as follows:
"The sheriff shall furnish the governing authority of Dade County all relevant and pertinent information concerning expenditures made in previous years and concerning the proposed expenditures, which said governing authority shall deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the county may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than June 15 of each year such budget shall be reviewed by the governing authority, and if said budget is approved by said governing authority, the same shall be the budget for the ensuing year or until amended as hereinafter provided, and the governing authority is hereby authorized and directed to expend the sums provided in such budget for the operation of such office. In the event that said budget for the ensuing year is not submitted to the governing authority by June 1 as set out above, the budget for the ensuing fiscal year for the sheriffs department shall be the same as the budget of the current fiscal year and the governing authority of the county may levy the tax assessment for the ensuing year in accordance therewith. The sheriff shall not submit nor shall the governing authority of Dade County approve a budget for the operation of the sheriff's office in excess of the following:

GEORGIA LAWS 1980 SESSION

3127

(1) $50,000 per annum for fiscal years prior to the fiscal year beginning January 1, 1976,
(2) $60,000 per annum for the fiscal year beginning January 1, 1976, and
(3) $85,000 per annum for the fiscal year beginning January 1, 1980, and each fiscal year thereafter; provided, however, that the said amount of the budget may be increased as a result of cost-of-living increases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall exceed the Consumer Price Index for the previous January 1, the existing budget shall be increased by the amount which results from multiplying the existing base budget by the percentage increase in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year; provided, further, that the said amount of the budget may be decreased as a result of cost-of-living decreases as follows: on the first day of January of each year, beginning in 1981, if the Consumer Price Index, as determined and published by the Bureau of Labor Statistics of the United States Department of Labor, shall be less than the Consumer Price Index for the previous January 1, the existing budget shall be decreased by the amount which results from multiplying the existing base budget by the percentage decrease in the Consumer Price Index, not exceeding 5 percent. For the purposes of this section only, the `base budget' shall be computed at $85,000 January 1, 1981, and thereafter shall be computed as the amount of the budget for the preceding fiscal year.
However, if said governing authority disapproves the budget submitted by the sheriff, it shall enter its disapproval thereon in writing within ten (10) days from the filing of same in its office and shall transmit the same to the advisory board to the governing authority of Dade County, hereinafter created."
Section 2. Said Act is further amended by striking subsections (c), (d), (e), (f), and (g) of Section 3A in their entirety and inserting in

3128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lieu thereof new subsections (c), (d), (e), (f), and (g) of Section 3A to read as follows:
"(c) Upon receipt of such annual budget by the advisory board of the governing authority, it shall review the same and may recommend to the governing authority that the budget be approved as submitted or may recommend such revision of the budget as said board shall determine. The advisory board shall make its recommendations to the governing authority within 10 days after the budget is submitted to the board. The governing authority shall give careful consideration to the recommendations of the advisory board but final approval of the budget shall be determined by said governing authority. If the governing authority rejects the recommendations of the advisory board, before the final decision of the governing authority on the budget, said governing authority shall set a time and date certain for the sheriff to appear and present evidence supporting the budget as submitted by him.
(d) The advisory board may make recommendations on any budget or application for amendment to said budget at any regular or special meeting at which a majority of the board members are present and the decision of a majority of said members shall control.
(e) The budget for the sheriff as finally determined and set by the governing authority of Dade County shall be filed in the office of the governing authority where it shall be kept as a part of the minutes of said office and shall be conclusive and the sheriff and the governing authority shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the sheriff.
(f) For every fiscal year, the budget, with all amendments thereto, for the immediately preceding year shall continue in effect during the time provided herein for the review of the new budget by the governing authority and, when necessary, by the advisory board. When approved, the new budget, as finally approved by the governing authority, shall be retroactive to the first day of the fiscal year for which said budget is submitted.
(g) If for any reason it appears to the sheriff that the budget finally determined is insufficient due to an emergency or any cause to operate the sheriff's office, the sheriff shall file a written applica-

GEORGIA LAWS 1980 SESSION

3129

tion requesting an amendment of such budget with the governing authority. The governing authority shall review said application for amendment and shall, within five days from the filing of same, enter its decision thereon. If the same is approved by the governing authority, it shall be authorized and is hereby directed to expend the sums called for in the budget so amended. If the same is disapproved by the governing authority, it shall, immediately and within five days from the filing of such application in its office, submit same to the advisory board to the governing authority and said advisory board shall act on said application within 10 days from the filing of same. The advisory board may make recommendations relative to any such amendment in the same manner as provided by subsection (c) hereof. The sheriff shall have the right to file application for amendment to his budget from time to time as the need may arise. In filing such application, it shall not be necessary to meet any formal requisite of pleading, the only thing being required is that a written statement be filed that there is a need for amendment, the reason for such need and the amount requested. The governing authority of Dade County shall be authorized to approve or disapprove any such amendment. If disapproved, the proposed amendment shall be submitted to the advisory board, within 10 days after the filing thereof, and the provisions of subsection (c) hereof shall apply to such proposed amendment."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent To Introduce Legislation.
Notice is hereby given that there will be introduced at the 1979 Session of the General Assembly of Georgia, a bill to increase the maximum annual budget permitted for the operation of the Dade County, Georgia, Sheriff's Department.
This, the 6th day of February, 1979.

3130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Georgia, Fulton County.

Ronald C. Steele Sheriff Dade County Georgia

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following dates: February 8, 15 and 22, 1979.

Is/ Wayne Snow,Jr. Representative, 1st District

Sworn to and subscribed before me, this 5th day of March, 1979.

Isl Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).

Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3131

TOWN OF POOLER - CORPORATE LIMITS.
No. 745 (House Bill No. 1038).
AN ACT
To amend an Act creating a new charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), as amended, so as to amend and change the corporate limits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), as amended, is hereby amended by adding a new subsection (c) at the end of Section 1.11 to read as follows:
"(c) Any other provisions of this Section to the contrary notwithstanding, the corporate limits of the Town of Pooler shall not include the following described territory and said territory is hereby deleted from the corporate limits of the Town of Pooler:
All of the area East of the right of way of Interstate Highway I95 between the South right of way line of the Pipemaker's Ganal on the South, Travis Field on the East; the existing corporate limits on the North; and the right of way of Interstate 1-95 on the West."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1979 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Pooler, approved March 31, 1976, Ga. Laws 1976, Page 3419, as amended by Ga. Laws 1978, Page 3246, approved March 13, 1978; to change and extend the corporate limits of the Town of Pooler.

3132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Edward H. Lee Town Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur M. Gignilliat, Jr. who, on oath, deposes and says that he/she is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette and Journal Record which is the official organ of Chatham County, on the following dates: January 22, 29, 1979 and February 5, 1979.
Is/ Arthur M. Gignilliat, Jr. Representative, 122nd District
Sworn to and subscribed before me, this 15th day of March, 1979.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3133

TOWNS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY ABOLISHED.
No. 746 (House Bill No. 1039).
AN ACT
To repeal an Act creating the Towns County Industrial Development Authority, approved March 12, 1970 (Ga. Laws 1970, p. 2588); to abolish such authority; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Towns County Industrial Development Authority, approved March 12, 1970 (Ga. Laws 1970, p. 2588), is hereby repealed in its entirety and the Towns County Industrial Development Authority created by said Act is hereby abolished.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to repeal an Act to wit, Georgia Laws 1970, Page 2588 creating The Towns County Industrial Development Authority and for other purposes.
This 31st day of January 1979.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes

3134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Towns County Herald which is the official organ of Towns County, on the following dates: February 16, 23, 1979 and March 2, 1979.
/s/ Ralph Twiggs Representative, 4th District
Sworn to and subscribed before me, this 16th day of March, 1979.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
GEORGIA MOUNTAIN FAIR AUTHORITY OF TOWNS COUNTY ACT.
No. 747 (House Bill No. 1069). AN ACT
To create the Georgia Mountain Fair Authority of Towns County and to authorize such authority, to acquire, construct, equip, maintain and operate buildings for the housing of exhibits for fairs and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection there-

GEORGIA LAWS 1980 SESSION

3135

with, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation, to authorize the Authority to contract with others pertaining to the facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority 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 provide that no debt of Towns County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This may be cited as the "Georgia Mountain Fair Authority of Towns County Act".
Section 2. Georgia Mountain Fair Authority of Towns County, (a) There is hereby created a body corporate and politic to be known as the Georgia Mountain Fair Authority of Towns County, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law

3136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act.
(b) The Authority shall be composed of the following five members: Robert L. Anderson, Ray Taylor, H. D. Paris, J.W. Denton, and Dale Thurman.
In the event a vacancy occurs on the Authority for any reason, the remaining members shall appoint a member to fill such vacancy, provided that such person shall be a member in good standing in the Towns County Lions Club. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a majority of the total membership of the Authority. The Authority is hereby empowered to elect its own chairman, vice chairman and secretary from its membership. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the Georgia Mountain Fair Authority of Towns County created in Section 2 of this Act.
(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of buildings for the housing of exhibits for fairs and the usual facilities, furnishings, equipment, and real and personal property related thereto, and extensions and improvements of such buildings, equipment, facilities and property, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such buildings, facilities, furnishings and equipment, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable.

GEORGIA LAWS 1980 SESSION

3137

(c) The term "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 conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery, furnishings and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, or the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) The terms "revenue bonds", "bonds" and "obligations" as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

3138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Towns County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority;
(d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to buildings and facilities, areas and facilities and relative to any property, which such department or other agency or department of the

GEORGIA LAWS 1980 SESSION

3139

State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, counties, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act;
(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof;
(g) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(h) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose;
(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State;

3140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or 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 may be limited as provided in Section 17 hereof;
(l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed forty (40) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Towns County as the lessee;
(m) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue Bonds. This Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto. Interest shall be payable semi-annually, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.

GEORGIA LAWS 1980 SESSION

3141

Section 6. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places for payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest.
Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
Section 8. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

3142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost.
Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Towns County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
Section 14. Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such

GEORGIA LAWS 1980 SESSION

3143

provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 15. To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the

3144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered.
Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the

GEORGIA LAWS 1980 SESSION

3145

Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Towns County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 20. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, the State and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Georgia Mountain Fair Authority of Towns County.

3146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating buildings for housing of exhibits for fairs and the usual facilities, furnishings, equipment, and property related thereto, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues

GEORGIA LAWS 1980 SESSION

3147

and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities.
Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which facilities shall be furnished.
Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection.
(b) Each purchase made in behalf of the Authority of personal property or services in excess of $5000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Towns County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority.
(c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Towns County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority.
(d) The affirmative action of at least two members of the Authority shall be required in order that any action on behalf of the Authority may be taken.

3148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) At the conclusion of each fiscal year of the Authority, the affairs of the Authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in the official organ of Towns County as soon as the report of the auditors is submitted to the Authority.
(f) All funds of the Authority which are not required for the normal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority.
Section 27. Powers Declared Supplemental and Additional.' The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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 28. Liberal Construction of Act. This Act being for the purpose of promoting the health and general welfare of the citizens of the United States, of the State of Georgia and Towns County, shall be liberally construed to effect the purposes hereof.
Section 29. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 30. County Powers. This Act does not in any way take from Towns County or any municipality located therein, the authority to own, develop, operate and maintain buildings or facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended.
Section 31. Effective Date. This Act shall become effective upon approval by the Governor or upon its becoming law without his approval. However, the Authority shall not become operative

GEORGIA LAWS 1980 SESSION

3149

until such time as the governing authority of Towns County shall, by appropriate resolution, declare the need for the Authority within Towns County.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1979 Session of the General Assembly of Georgia a bill to create a Georgia Mountain Fair Authority.
This 20th day of February, 1979.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Towns County Herald which is the official organ of Towns County, on the following dates: February 23, 1979, March 2, 9, 1979.
Is/ Ralph Twiggs Representative, 4th District

3150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of March, 1979.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY - 1974 ACT REENACTED.
No. 748 (House Bill No. 1125).
AN ACT
To reenact Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia appearing in Georgia Laws 1974 Session, pages 3129 through 3137, inclusive, in its entirety, which provides that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners of the City of Macon, in its water and sanitary sewerage activities, whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred, assigned, conveyed and delivered to the Macon-Bibb County Water & Sewerage Authority; and providing that all assets, property and liabilities of any pension or retirement plan of the Board of Water Commissioners of the City of Macon be transferred and conveyed to MaconBibb County Water & Sewerage Authority, and providing that such pension or retirement plan to be continued, operated and maintained by the Authority; and providing that all insurance policies,

GEORGIA LAWS 1980 SESSION

3151

group and otherwise, and all bank accounts, savings accounts, saving certificates, certificates of deposit, special funds, and all stocks, securities and monies, including but not limited to, funds on hand and on deposit, pertaining to any and all past and outstanding issues of revenue certificates and revenue bonds issued by the City of Macon Board of Water Commissioners for additions and betterments to said water and sanitary sewer facilities, be transferred and conveyed to the Macon-Bibb County Water & Sewerage Authority; and providing in general for the transfer of any and all property, real and personal, and all activities heretofore performed by the Board, to said Authority; and providing for other matters relative to all of the foregoing; to provide for an effective date of this Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. That Act No. 1142 (House Bill No. 2089) of the Legislature of the State of Georgia, appearing in Georgia Laws 1974 Session, pages 3129 through 3137, inclusive, which by reference thereto is incorporated in full herein, be, and the same is hereby reenacted in all of its terms and provisions.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Enact Local Legislation.
Pursuant to the provisions of Art. Ill, Sec. VII, Par. IX of the Constitution of the State of Georgia of 1976 (codified as Sec. 2-1309 of the 1933 Code of Georgia Annotated), notice is hereby given that application will be made to the 1980 Session of the General Assembly of the State of Georgia for the passage of an Act of that body to amend an Act of the General Assembly of Georgia (Ga. L. 1966, pp. 2737 et seq.) and as amended by Acts of the General Assembly of Georgia (Ga. L. 1973, pp. 2603 et seq. and Ga. L. 1974, pp. 2031 et seq.) the purpose of said amendatory Act is to re-enact an act of the

3152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legislature of the State of Georgia (Ga. L. 1974, pp. 3129 et seq.) transferring unto the Macon-Bibb County Water & Sewerage Authority all water and sewerage activities, assets, tangible and intangible, Pension or Retirement Plan, insurance policies, obligations in the form of Revenue Certificates, Revenue Bonds and other obligations, all formerly in the name of, or in the custody, dominion or usage of the Board of Water Commissioners of the City of Macon; all as set forth in said Ga. L. 1974, pp. 3129 et seq.
This 10th day of December, 1979.
Wallace Miller, jr. Attorney for Macon-Bibb County Water & Sewerage Authority Jones, Cork, Miller & Benton, Attys.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Pinkston who, on oath, deposes and says that he/she is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon Telegraph and News which is the official organ of Bibb County, on the following dates: December 14, 21, and 28, 1979.
Isi Frank Pinkston Representative, 100th District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 15th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

3153

CITY OF CHATSWORTH -- MAYOR'S COURT FINES.
No. 749 (House Bill No. 1128).
AN ACT
To amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. Laws 1923, p. 529), as amended, so as to change the fine which may be imposed by the mayor's court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. Laws 1923, p. 529), as amended, is hereby amended by striking from Section 11 of said Act the following:
"one hundred dollars",
and inserting in lieu thereof the following:

3154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$500.00",
so that when so amended Section 11 of said Act shall read as follows:
"Sec. 11. Be it further enacted, That said mayor and aldermen shall have full power and authority to enact and enforce all ordinances, by-laws, rules and regulations necessary for the good government of said city and securing and promoting the welfare, peace, prosperity and health of its inhabitants, and to prescribe the penalties for violating same, and the mayor or mayor pro tern, of said city shall hold a mayor's court in said city any time for the trials and punishment of persons guilty of violating ordinances, by-laws, rules and regulations, the punishment inflicted not to exceed a fine of $500.00 or confinement in the calaboose of said city, not to exceed sixty days; said fine may be collected by execution to be issued against the estate, both personal and real, of the offender, if any be found."
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend the jurisdiction of the Mayor's Court of the City of Chatsworth and for other purposes, being an Act to amend an act of the General Assembly of Georgia, approved August 18, 1923 (Ga. L. 1923, page 529).
This 12th day of November, 1979.
Thomas Polk Ramsey, III Representative, District No. 3

GEORGIA LAWS 1980 SESSION Georgia, Fulton County.

3155

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Chatsworth News which is the official organ of Murray County, on the following dates: December 13, 20, and 27, 1979.

Isi Tom Ramsey Representative, 3rd District

Sworn to and subscribed before me, this 15th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWN OF AVERA -- NAME CHANGED TO CITY OF AVERA, CHARTER AMENDED.
No. 752 (House Bill No. 1185).
AN ACT
To amend an Act to incorporate the town of Avera, approved December 6, 1900 (Ga. Laws 1900, p. 207), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2698), so as to redesignate the town as a city; to change the corporate limits; to change the rate of ad valorem taxes authorized to be levied; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to incorporate the town of Avera, approved December 6, 1900 (Ga. Laws 1900, p. 207), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2698), is hereby amended by striking from Section I thereof, wherever the same shall appear, the word:
"town",
and substituting in lieu thereof the word:
"city",
so that when so amended Section I shall read as follows:
"Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city of Avera in the county of Jefferson be, and the same is, hereby declared to be incorporated under the name and style of the city of Avera, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized by this Act."
Section 2. Said Act is further amended by striking Section II thereof in its entirety and substituting in lieu thereof a new Section II to read as follows:

GEORGIA LAWS 1980 SESSION

3157

"Section II. Be it further enacted by the authority aforesaid, That the corporate limits of the city of Avera shall be one half mile in every direction from the central point of the intersection of Georgia Highway 80 and Main Street in the city of Avera, as such intersection is located on the effective date of this Section."
Section 3. Said Act is further amended by striking Section VII thereof in its entirety and substituting in lieu thereof a new Section VII to read as follows:
"Section VII. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding fifteen mills upon all property, both real and personal, within the corporate limits of the city, they shall also have power to require all persons within said corporate limits of the city who are subject to road duty under the laws of this State to work on the streets of the city, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Said mayor and councilmen shall further have power to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within the city, as may be deemed just and proper; to fix a license on all exhibitions, circuses and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, butcher shops, livery stables, soda fountains and upon all other kinds or classes of business legitimately coming within the police powers of the city, as may be just and reasonable."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Avera to change herein the word "Town" to "City" and for other purposes.

3158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 7th day of December, 1979.
Dan Sammons, Mayor Town of Avera Avera, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: December 13, 20, and 27, 1979.
Isl Emory Bargeron Representative, 83rd District
Sworn to and subscribed before me, this 15th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3159

CITY OF CUMMING 9m PUNISHMENT IMPOSED BY THE POLICE COURT.
No. 753 (House Bill No. 1187).
AN ACT
To amend an Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended, so as to change the punishment which can be imposed by the police court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. Laws 1935, p. 1001), as amended, is hereby amended by striking the fifth undesignated subsection of Section 21 of said Act, which reads as follows:
"Said police court shall have the authority to impose fines for contempt of said courts, not to exceed fines of twenty dollars, and to impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both in the discretion of the court.",
in its entirety and substituting in lieu thereof the following:
"Said police court shall have the authority to impose fines for contempt of said courts not to exceed $500.00, and to impose a jail sentence in the city jail for not longer than six months, either or both or a portion of either or both in the discretion of the court."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1980 General Assembly of the State of Georgia, a bill to amend the City

3160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Charter of the City of Cumming, Georgia, so as to provide for an increase in the maximum sentences and fines that may be imposed by the City Recorder for those persons convicted in the Police Court of Cumming, and to repeal all conflicting laws therewith.
This the 20th day of December, 1979.
Joe T. Wood Representative, 9th District, Post 1 Bobby Lawson Representative, 9th District, Post 2 Jerry Jackson Representative, 9th District, Post 3
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Jackson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forsyth County News which is the official organ of Forsyth County, on the following dates: December 24, 1979, December 31, 1979 and January 9, 1980.
Isl Jerry Jackson Representative, 9th District

GEORGIA LAWS 1980 SESSION

3161

Sworn to and subscribed before me, this 14th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

MINORS PROHIBITED IN CERTAIN BUSINESSES IN CERTAIN COUNTIES (350,000 - 550,000).
No. 754 (House Bill No. 1208).
AN ACT
To provide that in all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, certain unaccompanied minors shall be prohibited from entering certain business establishments primarily engaged in the retail sale of alcoholic beverages in unbroken packages and to prohibit such establishments from permitting the entrance of such minors; to provide for definitions; to provide penalties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In all counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States decennial census of 1970 or any future such census, no minor shall enter the premises of any business establishment primar99--2

3162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ily engaged in the retail sale of alcoholic beverages in unbroken packages unless such minor is accompanied by the minor's parent, guardian, or custodian nor shall any business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages permit any minor to enter its business premises unless such minor is accompanied by the minor's parent, guardian, or custodian.
Section 2. For purposes of this Act:
(1) "Alcoholic beverages'' means and includes all alcohol, distilled spirits, beer, malt beverages, wine, or fortified wine sold for beverage purposes.
(2) "Business establishment primarily engaged in the retail sale of alcoholic beverages in unbroken packages" means an individual, partnership, corporation, association, or other business entity which derives from its retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross income.
Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor, except that the violation of the provisions of this Act by a person under 17 years of age shall constitute a delinquent act under Code Title 24A, the Juvenile Court Code, as now or hereafter amended, and not a misdemeanor.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, an Act to amend Code Chapters 58-6A and 58-10, so as to prohibit any person under the required legal age from entering an establishment whose primary business is to offer for sale or sell any liquor, beer, wine, or alcoholic beverages of any kind, if such minor is not

GEORGIA LAWS 1980 SESSION

3163

accompanied by an adult (parent, guardian or other person beyond the age of majority) who is responsible for such minor's general
welfare.

This 27th day of December, 1979.

Joe J. Johnston 56th District/2

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe J. Johnston who, on oath, deposes and says that he/she is Representative from the 56th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980.

Isl Joe J. Johnston Representative, 56th District

3164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of January, 1980.
Is/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal).
Approved March 18, 1980.
CITY OF LILBURN - NEW CHARTER. No. 755 (House Bill No. 1237). AN ACT
To create a new charter for the City of Lilburn; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city; to provide for the exercise of judicial powers; to provide for continuance in office by certain officers; to provide for all other matters relative to the foregoing; to provide the procedures connected with and necessary to all of the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I CREATION, INCORPORATION, POWERS INCORPORATION

GEORGIA LAWS 1980 SESSION

3165

Section 1.10. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of Lilburn, Georgia, and by that name shall have perpetual succession.
BOUNDARIES
Section 1.11. Corporate Boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general State law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city clerk and to be designated, as the case may be: "Official Map (or Description) of the Corporate Limits of the City of Lilburn, Georgia." Alteration in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the city clerk, Photographic, types, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
MUNICIPAL POWERS
Section 1.12. Powers and Construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or

3166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
LEGISLATIVE BRANCH
Section 2.10 City Council Creation; Composition; Number; Election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a mayor and a council composed of four council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.11. Council Terms and Qualification of Office. The mayor and members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city at least one year immediately prior to the date of the election of mayor or members of the council; each shall continue to reside there during his period of service and shall be registered and qualified to vote in municipal elections of this city.
Section 2.12. Vacancy; Filling of Vacancies, (a) Vacancies-- The office of mayor and council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(b) Filling of Vacancy--A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and Expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance.

GEORGIA LAWS 1980 SESSION

3167

Section 2.14. Prohibitions, (a) Holding Other Office--Except as authorized by general State law, the mayor or any council member shall not hold any other city office or city employment during the term for which he was elected.
(b) Voting When Personally Interested--Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested.
Section 2.15. Inquiries and Investigations. The council may take inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and, for this purpose, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 2.16. General Power and Authority of the Council. Except as otherwise provided by this charter, the council shall be vested with all the powers of government of this city as provided by Article I.
Section 2.17. Regular and Special Meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the council may be held on call of the mayor or two members of the council. Notice of such special meeting shall be served on all other members personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the council shall be public to the extent required by general State law.

3168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.18. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping the minutes of its proceedings, which shall be a public record.
Section 2.19. Quorum; Voting. The mayor, or mayor protem., and two members of the council shall constitute a quorum for the transaction of any business before the council; on all questions before the city council, the mayor, or mayor protem., if he be presiding, shall be entitled to vote only in case of a tie or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council. No motion, resolution'1'ordincance or other question before the council shall pass unless a majority of the members, including the mayor or mayor protem., if he be presiding, vote for the same, and unless the said motion, resolution, ordinance or question receives at least three affirmative votes.
Section 2.20. Ordinance Forms; Procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Mayor and Council of the City of Lilburn hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.22. Upon introduction of any ordinance, the clerk shall, as soon as reasonable, distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate.
Section 2.21. Action Requiring an Ordinance. In addition to other acts required by general State law or by specific provisions of this charter to be done by ordinances, acts of the council which have the force and effect of law shall be done by the ordinance.

GEORGIA LAWS 1980 SESSION

3169

Section 2.22. Emergencies. To meet a public emergency affecting life, health, property or public peace, the council may convene on call of the mayor or one council member and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
Section 2.23. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally.
Section 2.24. Codification of Ordinances. All ordinances passed by the mayor and council having the force and effect of law shall be codified in a compilation known and cited officially as "The Code of the City of Lilburn, Georgia, 1972, as amended." All ordinances contained therein shall be deemed to have been duly passed by the mayor and council and duly signed, authenticated and recorded by the city clerk.
Section 2.25. Election of Mayor; Forfeiture. The mayor shall be elected and serve for the term of two years and until his successor is elected and qualified. He shall be a qualified elector of this city and shall have been a resident of this city immediately preceding his election. He shall continue to reside in this city during the period of

3170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
his service. He shall forfeit his office on the same grounds and under the same procedure as for council members.
Section 2.26. Mayor Pro Tern. The council shall elect by majority vote from among its members a mayor pro tern who shall assume the duties and powers of the mayor upon declaration by the council of the mayor's disability or absence.
Section 2.27. Powers and Duties of Mayor. As the chief executive of this city, the mayor shall:
(a) see that all laws and ordinances of the city are faithfully executed;
(b) appoint and remove all officers, department heads, and employees of the city upon the advise and consent of the city council;
(c) recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(d) call special meetings of the council;
(e) perform other duties as may be required by general State law, charter or ordinance.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Boards, Commissions and Authorities, (a) The mayor and council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial and quasi-legislative function the mayor and council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.
(b) All members of boards, commissions and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by the charter of general State law.

GEORGIA LAWS 1980 SESSION

3171

(c) No member of any board, commission or authority shall hold any elective office in the city.
(d) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by the charter or general State law.
Section 3.11. Position Classification and Pay Plans. The city council shall be responsible for the preparation of a position classification and pay plan. Said plans may apply to all employees of the City of Lilburn, Georgia, and of any of its agencies and offices. When a pay plan has been adopted the council shall not increase or decrease the grade or step categories of individual employees except by amendment of said plan.
Section 3.12. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employees selection and probationary periods of employment; and (2) the administration of position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the city.
ARTICLE IV JUDICIAL BRANCH
MUNICIPAL COURT
Section 4.10. Creation; Name. There shall be a court to be known as the recorder's court of the City of Lilburn.
Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge on the recorder's court unless he is a resident of Gwinnett County, is a member of the State Bar of Georgia, and has been actively engaged in the practice of law for at least three years. The judge shall be appointed by the city council. The city council shall also have the power to remove the judge.

3172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4.12. Convening. The recorder's court shall be convened at regular intervals determined by the council.
Section 4.13. Jurisdiction; Power, (a) The recorder's court shall try and punish violaters of all city ordinances.
(b) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.
(c) The recorder's court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(d) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by general State law.
(e) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general State laws to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(f) The recorder's court shall not subject anyone to a fine greater than $1,000.00 or imprisonment greater than 90 days for each offense committed.
Section 4.14. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt, in part or in toto, the rules and regulations for procedure of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

GEORGIA LAWS 1980 SESSION

3173

ARTICLE V ELECTION AND REMOVAL
ELECTIONS AND REMOVALS
Section 5.10. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code. Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.11. Regular Elections; Time For Holding. The council shall cause an election to be held at the City Hall or such other place in the city as the council shall direct and designate, on the first Saturday in December of each year. The election and prior notice thereof shall in all respect be held in compliance with the general laws of Georgia in effect at the time of such elections relating to municipal elections. On the first Saturday of December of odd-numbered years two councilmen and the mayor shall be elected. On the first Saturday of December of even-numbered years two councilmen shall be elected. Each elected officer shall serve for a term of two years, the term beginning the day and hour of taking the oath of office as provided in Article V, Section 5.19 of this charter.
Section 5.12. Qualifying; Nomination of Candidates; Absentee Ballots. By ordinance the council may prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the city.
Section 5.13. Special Elections; Vacancies. In the case of a vacancy in the office of mayor or councilman, from failure to elect, death, removal, or any cause whatsoever, such vacancy shall be filled by a special election ordered by the city council to take place not more than 60 days from the time such vacancy occurs, under the same rules and regulations that govern other elections in the city. Such election shall be for the unexpired term of the mayor or councilman. The city clerk shall cause notice of the holding of such election, including time and purpose thereof, to be published once a week for two weeks prior to such election in a newspaper of general circulation in the county. If the time remaining in the unexpired

3174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term is less than six months, the city council shall fill the vacancy by appointment and no election shall be held.
Section 5.14. Other Provisions. Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.15. Nonpartisan Elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 5.16. Election by Majority. The person receiving a majority of the votes cast for any city office shall be elected.
Section 5.17. Grounds for Removal. The mayor, council members, or others provided for in this charter shall be removed from office for any one or more of the following causes.
(a) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(d) knowingly violate any express prohibition of this charter;
(e) abandonment of office or neglect to perform the duties thereof;
(f) failure for any other cause to perform the duties of office as required by this charter or by law; or
(g) by a recall election. A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by at least thirty percent of the registered voters eligible to vote for such office in the last preceding general municipal election. The council shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election.

GEORGIA LAWS 1980 SESSION

3175

If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon certification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, he shall remain in office.
Section 5.18. Procedure For Removal. Removal of an elected official from office may be accomplished by three-fifths of the vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than 10 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Gwinnett County, as provided by law.
Section 5.19. Organization Of Council. The new council members shall be sworn in by the city attorney and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Lilburn, Georgia, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
ARTICLE VI FINANCE
Section 6.10. Property Tax. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the State and County. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the council in its discretion. This city is hereby exempted from the provisions of Georgia Code Sections 92-4101 to 92-4104, inclusive.

3176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.11. Millage Rate, Due Rates, Payment Methods. The council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes.
Section 6.13. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax, or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law, regarding sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or County ad valorem tax fi. fas., as said requirements now exist or may be hereinafter provided by law.
Section 6.14. License, Permits, Fees. The council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.17. The council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates.
Section 6.15. Service Charges. The council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.18.

GEORGIA LAWS 1980 SESSION

3177

Section 6.16. Special Assessments. The council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction, Other Taxes. This city shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this Article shall not be construed as limiting, in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of Delinquent Taxes and Fees. The council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.18 by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas.; creations and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees; allowing exceptions for hardship; and provided for the assignment or transfer of tax executions.
Section 6.19. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue Bonds. Revenue bonds may be issued by the council as State law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued.
Section 6.21. Short-term Notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law.

3178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.22. Contracting Procedures. No contract with the city shall be binding on the city unless:
(1) it is in writing;
(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by him to indicate such drafting or review; and
(3) it is made or authorized by the council and such approval is entered in the council journal of minutes required under Section 2.20.
Section 6.23. Sale of City Property, (a) The council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general State law as now or later amended in Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350).
(b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue,alley or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale or advertisement was or is hereafter made.
Section 6.24. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting each year and every

GEORGIA LAWS 1980 SESSION

3179

office, department, institution, agency and activity of the city government, unless otherwise provided by State or federal law.
Section 6.25. Preparation Of The Budget. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget.
Section 6.26. Submission Of The Budget To The City Council. On, or before a date fixed by the council, the mayor shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The budget, message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.27. Action By Council On Budget, (a) The council may amend the budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt services requirements for the ensuing year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund, (b) The council shall adopt the final budget for the ensuing year not later than the last day of the old year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current year shall be deemed adopted for the ensuing year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organization unit, purpose or activity as set out in the budget document, (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, 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 authorized by the

3180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council, (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed 5 mills to cover general operating expenses, without the approval of a majority of those voting in a referendum specially called for approval of same. An additional millage rate may be levied for the retirement of bonded indebtedness.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent Domain. The council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and, for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.
Section 7.11. Franchises. The council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of five years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises.

GEORGIA LAWS 1980 SESSION

3181

Section 7.12. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect.
Section 7.13. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel or office as may be provided by the council.
Section 7.14. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is not.
(c) The word "council" shall mean the city council of this city.
(d) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.15. Existing Ordinances and Regulations. Existing ordinances, by laws, rules and regulations of the City of Lilburn not inconsistent with the provisions of this charter are hereby declared valid and of full effect and force and shall continue in effect until they have been repealed, modified, or amended by council. Existing rules and regulations of departments or agencies not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended.
Section 7.16. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment.
Section 7.17 Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the

3182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 7.18. Special Repealer. An Act incorporating the City of Lilburn in the County of Gwinnett, approved March 7, 1955 (Ga. Laws 1955, p. 3306), as amended, is hereby repealed in its entirety.
Section 7.19. Continuance in Office. The mayor and council members serving as such on the effective date of this charter shall continue to serve as such for the terms of office to which they were elected and until their successors shall be elected as herein provided. Such successors shall be elected in the municipal general election which is conducted immediately prior to the expiration of the respective term of office.
Section 7.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 7.21. Effective Date. This charter shall become effective upon approval by the Governor or upon its becoming law without his approval.
Notice of Intention To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Lilburn; to provide for a mayor and council; to provide for their election, powers, duties and responsibilities; to provide for the administration of the affairs of said city; to provide for the exercise of judicial powers; to provide for continuance in office by certain officers; to provide for all other matters relative to the foregoing; to provide the procedures connected with and necessary to all of the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION This 19th day of December, 1979.

3183

Is/ Tom Phillips Representative, 59th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Home Weekly which is the official organ of Gwinnett County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980.

Isl R. T. Phillips Representative 59th District

Sworn to and subscribed before me, this 17th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY -- MEMBERS, ETC.
No. 759 (House Bill No. 1243).
AN ACT
To amend an Act to create the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), so as to change the method of appointment of the members of the Authority; to provide for a quorum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to create the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), is hereby amended by striking in their entirety subsections (a) and (b) of Section 4 thereof and substituting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The Authority shall consist of the Mayor of the City of Albany, who shall be a nonvoting ex officio member, six (6) members to be appointed by the Board of Commissioners of the City of Albany for terms of two (2) years each, and a seventh member to be appointed by the six (6) so appointed. All members shall be eligible to succeed themselves and shall continue to serve until their successors have been appointed and have accepted, except that the Mayor's term shall be coextensive with his term of office as Mayor.
(b) The initial Authority to serve under this amendment shall consist of the present Mayor of the City of Albany, three (3) members appointed by the Board of Commissioners of the City of Albany for terms of two (2) years each, three (3) members to be appointed by the Board of Commissioners of the City of Albany for terms of one (1) year each, and a seventh member to be appointed by those so appointed for a term of one (1) year. All vacancies which shall occur prior to the end of a term shall be filled by the Board of Commissioners of the City of Albany for the unexpired portion of the term."

GEORGIA LAWS 1980 SESSION

3185

Section 2. Said Act is further amended by striking in its entirety subsection (e) of Section 4 thereof and substituting in lieu thereof a new subsection (e) to read as follows:
"(e) Four (4) voting members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia a bill to amend Act No. 663, approved March 30, 1977, Georgia Laws 1977 Page 4220, establishing the Albany-Dougherty Inner City Authority, so as to change the method of appointing the members of the Authority; to repeal conflicting laws; and for other purposes.
James V. Davis City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: December 3, 10, 17, 1979.

3186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Is/ Charles F. Hatcher Representative, 131st District
Sworn to and subscribed before me, this 17th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
DECATUR COUNTY SMALL CLAIMS COURT ACT AMENDED.
No. 760 (House Bill No. 1248). AN ACT
To amend an Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2667), as amended, so as to change the jurisdiction of said court; to change the provisions relative to costs and fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2667), as amended, is hereby amended by striking from Section 1 the following:

GEORGIA LAWS 1980 SESSION

3187

"$1,000.00",
and inserting in lieu thereof the following:
"$1,500.00",
so that when so amended Section 1 shall read as follows:
"Section 1. There is hereby created and established in Decatur County a court to be known as the Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $ 1,500.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in Decatur County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The plaintiff, when he files his claim, shall deposit a sum with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The sum so deposited shall be based on the amount of the claim in accordance with the following schedule: $ 12.00 when the amount of the claim is $ 1,000.00 or less and $18.00 when the amount of the claim exceeds $1,000.00; provided, however, that when more than one person is a party to an action being brought, an additional sum of $5.00 for each such person must be deposited. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. In other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $ 12.00. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion."

3188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that local legislation will be introduced in the 1980 session of the General Assembly of Georgia to increase the maximum amount from $1000.00 to $1500 allowable under Small Claims Court of Decatur County jurisdiction with fee adjustment on amount over $1000.00. Also certain changes in fees regarding garnishments and multiple judgments.
Walter E. Cox Representative, 141st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox who, on oath, deposes and says that he/she is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Bainbridge-Post Searchlight which is the official organ of Decatur County, on the following dates: December 8, 15, 22, 1979.
Isl Walter E. Cox Representative, 141st District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 15th day of January, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

3189

CITY OF DUBLIN - TERMS OF MAYOR AND COUNCIL, REFERENDUM.
No. 761 (House Bill No. 1270).
AN ACT
To amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. Laws 1979, p. 3568), so as to change the terms of the mayor and council of the City of Dublin; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. Laws 1979, p. 3568), is hereby amended by striking from the first paragraph of Section 2.2 thereof the following:
"two (2) years",

3190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
"four years",
so that when so amended said first paragraph of Section 2.2 shall read as follows:
"Except as otherwise provided herein, the mayor and members of the city council shall serve terms of four years and until their respective successors are elected and qualified."
Section 2. Said Act is further amended by striking in its entirety Section 3.4 thereof, which reads as follows:
"Section 3.4. Time of Elections, (a) The Mayor and the four council members from wards 1, 2, 3 and 4, which persons are serving on the date immediately preceding the effective date of this Act, shall serve until the first day of January, 1980, and until their successors are elected and qualified. On the first Monday in October, 1979, and on that day every two years thereafter, a general election shall be held for the office of Mayor and the offices of Council members from wards 1, 2, 3 and 4. Those persons elected to such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms shall begin at the time of their taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5.
(b) The three Council members at large, serving on the date immediately preceding the effective date of this Act, shall serve until the first day of January, 1981, and until their successors are elected and qualified. On the first Monday in October, 1980, and on that day every two years thereafter, a general election shall be held for the offices of Council members at large. Those persons elected to such offices shall serve for terms of two years and until their successors are elected and qualified. Their terms of office shall begin at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5.",
and inserting in lieu thereof the following:
"Section 3.4. Time of elections, (a) The mayor and the four council members from wards 1,2,3 and 4, which persons are serv-

GEORGIA LAWS 1980 SESSION

3191

ing on the date immediately preceding the effective date of this section, shall serve until the first day of January, 1982, and until their successors are elected and qualified. On the first Monday in October, 1981, and on that day every four years thereafter, a general election shall be held for the office of mayor and the officers of council members from wards 1, 2, 3 and 4. Those persons elected to such offices shall serve for terms of four years and until their successors are elected and qualified. Their terms shall begin at the time of their taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5.
(b) The three council members at large, serving on the date immediately preceding the effective date of this section, shall serve until the first day of January, 1981, and until their successors are elected and qualified. On the first Monday in October, 1980, a general election shall be held for the offices of council members at large. Those persons then elected to such offices shall serve for a term of three years and until their successors are elected and qualified, and shall take office at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5. On the first Monday in October, 1983, and on that day every four years thereafter, a general election shall be held for the offices of council members at large. Those persons elected to such offices shall serve for terms of four years and until their successors are elected and qualified. Their terms of office shall begin at the time of taking the oath of office at the first organizational meeting following their election, as provided in Section 2.5."
Section 3. Not less than 15 and not more than 270 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Dublin to issue the call for an election for the purpose of submitting this Act to the electors of the City of Dublin for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 days nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Laurens County. The ballot shall have written or printed thereon the words:

3192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"[ ] YES Shall the Act changing the terms of the mayor and council of the City of Dublin from two to
[ ] NO four years be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of Dublin. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof as provided in the "Georgia Municipal Election Code/' as now or hereafter amended.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
Legislation will be introduced in the 1980 session of the General Assembly to provide for a referendum to amend the charter of the city of Dublin.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin Courier Herald which is the official organ of Laurens County, on the following dates: December 29, 1979, January 5, 1980, January 12, 1980.

GEORGIA LAWS 1980 SESSION
Is/ J. Roy Rowland Representative, 119th District

3193

Sworn to and subscribed before me, this 18th day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intent to Introduce Legislation.

Legislation will be introduced in the 1980 session of the General Assembly to provide for a referendum to amend the charter of the city of Dublin.

J. Roy Rowland

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy Rowland who, on oath, deposes and says that he/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Laurens County News which is the official organ of Laurens County, on the following dates: January 2, 1980, January 9, 1980, January 16, 1980.

Is/ J. Roy Rowland Representative, 119th District
100--2

3194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED (13,635 - 14,765).
No. 762 (House Bill No. 1285).
AN ACT
To amend an Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3661), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3042), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4215), so as to provide for certain fees and costs charged in said court; to change the jurisdiction of said court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. Laws 1963, p. 2896), as amended by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3277), an Act approved April 10, 1971 (Ga. Laws 1971, p. 3661), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3042), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4215), is

GEORGIA LAWS 1980 SESSION

3195

hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is hereby created and established in each county in this State having a population of not less than 13,635 and not more than 14,765 according to the United States decennial census of 1970 or any future such census a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed fifteen hundred dollars ($1,500.00), said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment in addition to the powers herein specifically granted including like powers granted to justices of the peace by the laws of the State of Georgia.
(b) The plaintiff shall deposit a sum with the court according to the amount of the claim. Where the amount of the claim is seven hundred fifty dollars ($750.00) or less, the amount of the deposit shall be twenty-one dollars and fifty cents ($21.50). Where the amount of the claim is more than seven hundred fifty dollars ($750.00) but less than one thousand five hundred dollars ($1,500.00), the amount of the deposit shall be twenty-five dollars ($25.00). Where the suit goes to garnishment, the plaintiff shall deposit sixteen dollars and fifty cents ($16.50) to be used by the court for the expense of the garnishment action."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

3196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY -- BOARD OF EDUCATION PENSION FUND.
No. 763 (House Bill No. 1305).
AN ACT
To amend an Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County; and for other purposes"; approved March 2, 1945, Georgia Laws 1945, page 528, as amended, so as to provide that the Board of Education of Fulton County shall be required to pay all matching funds and to make up any deficiencies in the Pension Fund from educational funds to provide that the governing authorities of Fulton County shall not be required to appropriate any further money to the Pension Fund created by said Act; to preserve the rights of participants in said Pension Fund; to provide an effective date; to repeal conflicting Acts; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act entitled "An Act to Provide in Fulton County a System for Pension and Retirement Pay to the Teachers and Employees of the Board of Education of Fulton County, and for other purposes", approved March 2, 1945, as amended, is further amended by adding at the end of said Act a new section which shall read as follows:
"Notwithstanding any other provision of this Act as amended, all matching funds heretofore required to be paid by the governing authority of Fulton County into the Pension Fund shall be paid by the Board of Education of Fulton County from educational funds. In the event that the Pension Fund shall be insufficient to meet and pay pensions due to the participants, the Board of Education of Fulton County shall appropriate from educational funds an amount sufficient to make up the deficiency. The governing authorities of Fulton County shall have no further obligation to make any payments into the Pension Fund created by this Act; Provided, however, that nothing herein shall impair the rights of any individual participating in the pension fund created hereby. In the event that the governing authorities of Fulton County shall be required to pay any

GEORGIA LAWS 1980 SESSION

3197

pensions to such participants after the effective date of this Act the governing authority of Fulton County shall be reimbursed for such payment by the Board of Education of Fulton County."
Section 2. This Act shall become effective July 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply to the January, 1980 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County....and for other purposes (Ga. Laws 1945, p. 528535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto.
Max E. McBrayer Chairman, Fulton County School Pension Fund
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19, 1979, December 26, 1979, January 2, 1980.

3198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Isi Sidney J. Marcus Representative, 26th District
Sworn to and subscribed before me, this 21st day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
CITY OF AUGUSTA -- EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED.
No. 764 (House Bill No. 1319).
AN ACT
To amend the Charter of the City of Augusta, Georgia Laws 1798, page 136, and the Amendatory Act thereof: Georgia Laws 1949, page 1070, so as to authorize an increase in certain employees' pension fund contributions to the Augusta Employees' Retirement System; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the Augusta Employees' Retirement System, approved February 25, 1949 (Georgia Laws 1949, page 1070), is hereby amended by striking in its entirety Section IV thereof and substituting in lieu thereof a new Section IV, to read as follows:

GEORGIA LAWS 1980 SESSION

3199

Section IV Contributions. There shall be deducted by the Comptroller from the salary, wages or remuneration due each future employee, hired after June 30, 1980, at each pay period, a sum equal to 8% thereof, which deduction shall be paid at once into the general retirement fund. The City shall contribute annually to the said fund sums sufficient on sound actuarial principles, with the contributions of their respective future employees, to provide future pensions for such future employees based on services rendered by them. The Comptroller shall certify to the Chief Executive of the City as designated by the City Council of Augusta the sums necessary to be appropriated each year upon the basis of the actuarial survey and valuation hereinafter provided. The sums so appropriated shall be paid into the general retirement fund at such times as the Comptroller shall require. It shall be the duty of the Chief Executive and the City Council of Augusta to cause to be made within six months after the effective date of this an actuarial survey and valuation of each of the several pension systems of the City.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter of the City of Augusta and specifically the Pension Acts so as to authorize an increase in the percentage contribution required of city employees under the Augusta Employees Retirement System Act and to put costs with employees at whatever level is needed to maintain the actuarial soundness of the fund, and for other purposes.
Samuel F. Maguire Attorney for the City Council of Augusta

3200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 12, 19, 26, 1979.
Isl Jack Connell Representative, 87th District
Sworn to and subscribed before me, this 21st day of January, 1980.
Is/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 7, 1980. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3201

PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN CITIES AMENDED (MORE THAN 300,000).
No. 765 (House Bill No. 1320).
AN ACT
To amend an Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. Laws 1973, p. 2837) as disclosed by the United States census of 1920, or any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to repeal in its entirety Section 6 of said Act, as amended, which section provides for the establishment of a board of trustees and further pertains to the duties and membership of said board, and to enact, in lieu thereof, a new section pertaining to said matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Section 6 of an Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, which Act provides for a system of pensions and other benefits for members of paid fire departments in certain cities and which section presently provides as follows:
"Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. `City comptroller' shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. `Aldermanic board' shall include the legislative body of any such city. `Board of education' shall include any board or body performing the duties usually assigned to a board of education.

3202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) There is hereby established to serve without pay a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the city comptroller, one member of the aldermanic board to be appointed annually by the mayor, and two members of the fire department to be elected annually by the members of said department in active service at the date of their election. Provided, that if such city has an administrative assistant to the mayor, that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor.",
is hereby repealed in its entirety with the following being substituted in lieu thereof:
"Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. `Commissioner of finance' shall include any officer by whatever title designated who performs the duties of the chief financial officer of any such city. `City council' shall include the legislative body of any such city.
(b) There is hereby established, to serve without compensation, a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the commissioner of finance, one member of the city council, said member to be appointed biennially by the mayor, and two members of the fire department, whether in active service or retired, to be elected for four year terms, by both active and retired members of said department. Provided that if such city has an administrative assistant to the mayor, the mayor shall have the privilege of designating such administrative assistant to serve on the board of trustees in his stead, and, when so acting, he shall have all the powers herein conferred upon the mayor.
(c) The terms of the two present members of said board of trustees, elected by the members of said fire department, due to expire in January, 1980, shall expire June 1, 1980, at which time or immediately thereafter, an election shall be held, in accordance with subsection (b) above, to fill the vacancies created thereby. For the initial election to be held not later than June, 1980, the individ-

GEORGIA LAWS 1980 SESSION

3203

ual receiving the highest number of votes shall serve for a term expiring January 1, 1984, with the individual receiving the second highest number of votes to serve for a term expiring January 1, 1982. Not later than January, 1982, an election shall be held to fill such expired term and thereafter, an election to fill expired terms shall be held not later than January of each succeeding two years, with the individual so elected serving for a term of four years as provided in subsection (b) above. Such members shall continue to serve until their successors have been elected.
(d) The board of trustees shall be authorized to adopt all rules necessary in carrying out the provisions of this Act, as amended, pertaining to electing members to the board of trustees and with respect to the filling of vacancies occurring on said board; provided, however, that any such rules shall not be inconsistent with any provisions of this Act, as amended; provided, further, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before the said election."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

3204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN CITIES AMENDED (MORE THAN 300,000).
No. 766 (House Bill No. 1322).
AN ACT
To amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. Laws 1973, p. 2837) as disclosed by the United States census of 1920, or any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and several Acts amendatory thereof, so as to provide that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended.
Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping,

GEORGIA LAWS 1980 SESSION

3205

clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

PENSION SYSTEM FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED
(300,000 OR MORE).
No. 767 (House Bill No. 1323).
AN ACT
To amend an Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing pensions for members of police departments in cities having a population of 300,000 (Ga. Laws 1973, p. 2832) or more according to United States Census of 1920, or any subsequent census thereof, requiring the furnishing of pensions to all officers and employees of such cities who have served for 25 years, now in active service, whose names are on the payroll of the city, and to future members as specified, and for other purposes more fully set out in the captions of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits in lieu of like pension benefits provided by existing provisions, so as to provide that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to repeal in its entirety Section 6 of said Act, as amended, which section provides for the establishment of a board of trustees and further pertains to the duties and membership of said board, and to enact, in lieu thereof, a new section which shall pro-

3206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vide for an increase in the terms of the elected employee members from one year to four years; to stagger the terms and elections of said employee members; to provide that retirees may vote for and qualify as candidates for said employee member positions; to authorize the board of trustees to adopt all rules necessary to carry out provisions related to the election of its members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing for pensions for members of police departments in cities having a population of 300,000 or more, according to the United States Census of 1920, or any subsequent census thereof, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended.
Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping, clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited.
Section 3. The aforesaid Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, is further amended by striking Section 6 thereof which presently reads as follows:
"Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this act. `City comptroller' shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. `Aldermanic board' shall include the legislative body of any city. `Board of education' shall include any board or body performing the duties usually assigned to a board of education.

GEORGIA LAWS 1980 SESSION

3207

(b) There is hereby established to serve without pay a board of trustees whose duty it shall be to manage the funds that shall be collected to pay pensions under the provisions of this act, which said funds shall be kept as a separate fund. The board of trustees shall consist of the mayor, one (1) member of the aldermanic board, to be appointed bi-annually by the mayor, the city comptroller, and two (2) members of the police department who shall be in good standing at the time of their election and who shall be elected in January of each year. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor.",
in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. (a) `Mayor' shall be deemed to include the chief executive officer of any city coming within the provisions of this act. `Commissioner of Finance' shall include any officer by whatever title designated who performs the duties the chief financial officer of any such city. `City Council' shall include the legislative body of any such city.
(b) There is hereby established, to serve without compensation, a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the commissioner of finance, one (1) member of the city council, said member to be appointed annually by the mayor, and two (2) members of the police department, whether in active service or retired, to be elected for four (4) year terms, by both active and retired members of said department. Provided that if such city has an administrative assistant to the mayor, the mayor shall have the privilege of designating such administrative assistant to serve on the board of trustees in his stead and, when so acting, he shall have all the powers herein conferred upon the mayor.
(c) In January, 1981, an election shall be held, in accordance with (b) above, to fill the vacancies created by the expiration of the terms of the police department members then serving. For the initial election to be held not later than January, 1981, the individual receiving the highest number of votes shall serve for a term expiring

3208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in January, 1985, with the individual receiving the second highest number of votes to serve for a term expiring in January, 1983. Not later than January, 1983, an election shall be held to fill such expired term and thereafter, an election to fill expired terms shall be held not later than January of each succeeding two (2) years, with the individual so elected serving for a term of four (4) years as provided in (b) above. Such members shall continue to serve until their successors have been elected.
(d) The board of trustees shall be authorized to adopt all rules necessary in carrying out the provisions of this act, as amended, pertaining to electing members to the board of trustees and with respect to the filling of vacancies occurring on said board; provided, however, that any such rules shall not be inconsistent with any provisions of this act, as amended; provided further, that the names of candidates in any election shall be sent to those persons eligible to vote not more than 45 days nor less than 30 days before the said election."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.
PENSION SYSTEM FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED
(300,000 OR MORE).
No. 768 (House Bill No. 1326).
AN ACT
To amend an Act approved February 15, 1933 (Ga. Laws 1933, pp. 212, et seq.), as amended, providing pensions for members of

GEORGIA LAWS 1980 SESSION

3209

police departments in cities having a population of 300,000 (Ga. Laws 1973, p. 2832) or more according to United States census of 1920, or any subsequent census thereof requiring the furnishing of pensions to all officers and employees of such cities who have served 25 years, now in active service, whose names are on the payroll of the city, and to future members as specified and for other purposes more fully set out in the captions of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits in lieu of like pension benefits provided by existing provisions, particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), so as to reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(n) of said Ga. Laws 1978, p. 4527; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; to amend the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3623), relating to credit for prior service, so as to clarify provisions and make technical changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing for pensions for members of police departments in cities having a population of 300,000 or more according to the United States census of 1920, or any subsequent census thereof, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. Section 1 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4527, et seq.), is hereby amended by adding thereto, a new subsection (s), which shall provide as follows:
"(s) Any employee participating in the provisions of the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts owed or amounts due to such municipality by such exemployee."

3210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Quoted subsection (J)(l) of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3623), is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)( 1) to read as follows:
"(J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4527, 4534); provided, however, the penalty provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to October 1, 1978, and who terminated employment subsequent to April 1, 1978. The total amount of such required contributions shall be increased by a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or October 1, 1978, whichever is later to the date of application. The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribution shall be based upon the gross salary of such person at the time of filing of the application for previous service credit. The

GEORGIA LAWS 1980 SESSION

3211

payment of the contributions of previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contribution shall bear interest at seven percent (7%) per annum on the unpaid balance.
The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

CITY OF REMERTON - TAXATION.
No. 769 (House Bill No. 1332).
AN ACT
To amend an Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3664) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3687), so as to eliminate the prohibition against taxation of realty and person-

3212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
alty and to provide for authority to tax real estate and personal property in the City of Remerton; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3664) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3687), is hereby amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:
"Section 13. The Mayor and Council shall have the power and authority to assess, levy, and collect an ad valorem tax not to exceed ten mills on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and County. The tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; repaying principal and interest on general obligations; and for any other public purpose as determined by the Mayor and Council in its discretion. The Mayor and Council are hereby authorized to enact such ordinances as are necessary to carry out the assessment, levy, and collection of ad valorem taxes. The Mayor and Council may also provide generally by ordinance for the collection of delinquent taxes due the City by whatever reasonable means are not precluded by general State law. This shall include providing for the dates when the taxes are due; late penalties and interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, penalties and interests personal debts of the persons required to pay the taxes imposed; allowing exceptions for hardship; and providing for the assignment and transfer of tax executions."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Local Legislation.

GEORGIA LAWS 1980 SESSION To Whom It May Concern:

3213

Notice is hereby given that application will be made to the 1980 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Remerton which bill shall be entitled as follows:
A bill entitled "An act to amend the Charter of the City of Remerton as set forth in the act of the General Assembly of Georgia incorporating said City, approved February 19, 1951, (Ga. L. 1951, p. 2647), as amended by an act approved March 28, 1974, (Ga. L. 1974, p. 3664), and by an act approved March 13, 1978, (Ga. L. 1978, p. 3687), so as to repeal the prohibition against assessment and levy of ad valorem taxes and to provide for the assessment and levy of same."

Fred H. Walker, Attorney for the City of Remerton

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he/she is Representative from the 149th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: December 21, December 28, 1979 and January 4, 1980.

Isi Robert L. Patten Representative, 149th District

Sworn to and subscribed before me, this 30th day of January, 1980.

3214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Is/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Notice of Intention to Apply for Local Legislation.
To Whom It May Concern:
Notice is hereby given that application will be made to the 1980 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Remerton which bill shall be entitled as follows:
A bill entitled "An act to amend the Charter of the City of Remerton as set forth in the act of the General Assembly of Georgia incorporating said City, approved February 19, 1951, (G. L. 1951, p. 2647), as amended by an act approved March 28, 1974, (Ga. L. 1974, p. 3664), and by an act approved March 13, 1978, (Ga. L. 1978, p. 3687), so as to repeal the prohibition against assessment and levy of ad valorem taxes and to provide for the assessment and levy of same."
Fred H. Walker, Attorney for the City of Remerton
Affidavit
Georgia, Lowndes County.
I, Tenney S. Griffin, do hereby certify and on oath depose and say that I am the publisher of the Valdosta Daily Times, which is a newspaper in which the advertisement for Lowndes County, Georgia, are published; that the attached and foregoing instrument entitled "Notice of Intention to Apply for Local Legislation" is a

GEORGIA LAWS 1980 SESSION

3215

true and correct copy of a notice which was published in said newspaper once a week for three weeks on December 21st and 28th, 1979, and on January 4, 1980, and that said notice has been published as provided by law.

Tenney S. Griffin, Publisher Valdosta Daily Times

Sworn to and subscribed before me, this 8th day of January, 1980.

Isl Margie H. Highsmith Notary Public. My Commission Expires Feb. 5, 1983. (Seal).

Approved March 18, 1980.

TOWN OF MARTIN - NEW CHARTER.
No. 770 (House Bill No. 1341).
AN ACT
To provide a new charter for the Town of Martin in the Counties of Franklin and Stephens; to provide for the incorporation and powers of said town; to provide for the form of government and for the governing body of said town; to provide for the executive and judicial branches of the town government; to provide for the election of the members of the governing body of said town; to provide for financial and fiscal matters; to provide for other matters relative to the foregoing; to provide for certain penalties; to provide for

3216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
severability; to repeal specific Acts; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole charter of the Town of Martin, in the Counties of Franklin and Stephens, repealing and replacing the charter provided by an Act of the General Assembly, approved September 7, 1891 (Ga. Laws 1890-1891, Vol. II, p. 734), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 1108), an Act approved August 5, 1910 (Ga. Laws 1910, p. 948), an Act approved August 13, 1912 (Ga. Laws 1912, p. 1116), an Act approved August 16, 1913 (Ga. Laws 1913, p. 1011), an Act approved August 14, 1915 (Ga. Laws 1915, Ex. Sess., p. 703), an Act approved August 9, 1916 (Ga. Laws 1916, p. 791), an Act approved August 18, 1925 (Ga. Laws 1925, p. 1180), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1114), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2487), and by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2988). The Town of Martin, Georgia, in the Counties of Franklin and Stephens and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the Town of Martin, Georgia. Under that name, said town shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.
Section 1.11. Corporate boundaries. The boundaries of the Town of Martin shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. In accordance with procedures established by ordinance of the council, the town clerk

GEORGIA LAWS 1980 SESSION

3217

shall maintain a map, a written legal description or any combination thereof showing the current boundaries of the Town of Martin to be retained permanently in the town records and to be designated as the case may be: "Map (or Description) of the Corporate Limits of the Town of Martin, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description and shall be made at the direction of the council. Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.12. Specific powers. Subject to the limitations and requirements of general laws, the corporate powers of the government of the Town of Martin to be exercised by the governing authority may include the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; and to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses;
(3) To levy and collect such other taxes as may be allowed now or in the future by state law;
(4) To make appropriations for the support of the government of the town, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the town;
(5) To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town;

3218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) 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;
(8) To condemn property, inside or outside the corporate limits of the town for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts as are or may be enacted;
(9) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) To grant franchises or make contracts for public utilities, including the power to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution systems within the corporate limits of the Town of Martin; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission;
(11) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the town;
(12) To grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities;
(13) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public

GEORGIA LAWS 1980 SESSION

3219

buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements, inside or outside the corporate limits of the town; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts, as are or may be enacted;
(14) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(15) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures;
(16) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(17) To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, transportation, or distribution of intoxicating liquors and the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;
(18) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;
(19) To license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors;
(20) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, build-

3220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ings, and any and all other structures or obstructions upon or adjacent to the right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances;
(21) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(22) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town;
(23) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violation thereof;
(24) To provide for the destruction and removal of any building or other structure which may be or might become dangerous or detrimental to the public;
(25) To provide for the collection and disposal of garbage, rubbish, refuse, and other solid waste; to regulate the collection and disposal of garbage, rubbish, refuse, and other solid waste by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; to recover and utilize resources contained in solid waste for production of energy and other purposes;
(26) To levy, fix, assess, and collect a garbage, refuse, and trash and waste collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(27) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage systems, and to levy on the users of sewers and sewerage systems a sewer service

GEORGIA LAWS 1980 SESSION

3221

charge fee or sewer tax for the use of sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;
(28) To charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;
(29) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards;
(30) To define a nuisance and provide for its abatement whether on public or private property;
(31) To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;
(32) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the town and to provide for the enforcement of such standards;
(33) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the town; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(34) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the town; and to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said town which, while not constituting an offense against the laws of this state, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the town or to the welfare of the citizens thereof;

3222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(35) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder;
(36) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the town;
(37) To regulate and license vehicles operated for hire in the town, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles;
(38) To provide and maintain a system of pensions and retirement for officers and employees of the town;
(39) To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(40) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor;
(41) 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 same;
(42) To make, ordain, and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the town and the inhabitants thereof, and for preserving the health, peace, order, and good government of the town;
(43) To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

GEORGIA LAWS 1980 SESSION

3223

(44) To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;
(45) To establish procedures for determining and proclaiming that an emergency situation exists within or without the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town;
(46) To provide comprehensive town planning for development by zoning, subdivision regulations, and the like as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;
(47) To organize and operate an urban redevelopment program;
(48) To organize and operate such public transportation systems as are deemed beneficial;
(49) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as if fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. General powers. In addition to all other powers herein granted, the town shall be vested with any and all powers which municipal corporations are, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter.

3224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.14. Construction. The powers of the town shall be construed liberally and in favor of the town. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the town as stated in this charter. It is the intention hereof to grant to the town full power and right to exercise all governmental authority necessary for the effective operation and conduct of the town and all of its affairs.
Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNING BODY
Section 2.10. Form of government. The government of the Town of Martin shall be vested in a mayor and town council, said council to be composed of five councilmen chosen as hereinafter provided.
Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of three years and until their respective successors are elected and qualified. The mayor shall serve for a term of one year and until his or her successor is elected and qualified. No person shall be eligible to serve as mayor or councilman unless he or she:
(1) Has been a resident of the town for a period of one year immediately prior to the date of the election of mayor or councilmen;
(2) Continues to reside within the town during his or her period of service;
(3) Is registered and qualified to vote in municipal elections of the Town of Martin; and

GEORGIA LAWS 1980 SESSION

3225

(4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution.
Section 2.12. Vacancy; forfeiture of office; filling of vacancies, (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) The mayor or any councilman shall forfeit his office if he:
(1) Lacks at any time during the term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
(2) Willfully and knowingly violates any express prohibition of this charter; or
(3) Is convicted of a crime involving moral turpitude.
(c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. The mayor and councilmen shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.14. Prohibitions, (a) Except as authorized by law, no member of the council shall hold any other elective municipal office or municipal employment in the Town of Martin during the term for which he or she was elected.
(b) Neither the mayor nor any councilman shall vote upon any question in which he or she is personally interested.
Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into affairs of the town and the 101--2

3226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 2.16. General power and authority of the council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the Town of Martin provided in Article I.
(b) In addition to all other powers conferred on it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health and welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Martin and may enforce such ordinances, resolutions, rules and regulations by imposing penalties for violation thereof.
(c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the town and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.17. Duties of mayor. The mayor shall be the chief executive officer of the Town of Martin. He shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. The mayor shall:
(1) Preside at all meetings of the council;
(2) Vote as a member of the council only at such times as are necessary to break a tie or deadlock of the council;
(3) Be the official head of the city for the service of process and for ceremonial purposes;

GEORGIA LAWS 1980 SESSION

3227

(4) Have power to administer oaths and to take affidavits;
(5) Sign all written contracts entered into by the council on behalf of the town and all other contracts and instruments executed by the town which by law are required to be in writing;
(6) See that all laws and ordinances of the town are faithfully executed; and
(7) Perform other duties as may be required by law, this charter, or ordinance.
Section 2.18. Organization meeting. The council shall meet for organization on the date and at the time of the first regular meeting following each regular election. The meeting shall be called to order by the town clerk and an oath of office shall be administered to the newly elected mayor and council members. The form of the oath of office shall be prescribed by ordinance. The newly elected mayor and council members shall subscribe the oath and file it with the town clerk who shall record it in the minutes of the meeting.
Section 2.19. Mayor pro tempore. At the organization meeting described in Section 2.18, the council shall elect one of its members mayor pro tempore for that year who shall discharge the duties and exercise the powers and authority of mayor in the absence, disability, or disqualification of the mayor and during a vacancy in the office of mayor; provided, that his or her rights and duties as councilman shall remain unimpaired.
Section 2.20. Regular and special meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the council may be held on call of the mayor and two members of the council or three members of the council without the mayor. Notice of such special meetings shall be served on all other members personally or by telephone personally, or shall be left at their residence at least twenty-four hours in advance of such meeting. Such notice shall not be required if the

3228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mayor and all councilmen are present when the special meeting is called. Attendance at a special meeting shall constitute a waiver of notice of the special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting.
Section 2.21. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings which shall be a public record.
Section 2.22. Quorum; voting. The mayor or mayor pro tern, and three councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote, and the ayes and nays shall be recorded in the journal. Any member of the council shall have the right to request a roll-call vote. The affirmative vote of three councilmen, or two councilmen and the mayor in case of a deadlock or tie, shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.23. Enactment of ordinances, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "Be it ordained by the Town Council of Martin...." Any ordinance which repeals or amends an existing ordinance shall set forth the ordinance sections or subsections to be repealed or amended.
(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Every ordinance shall be signed by the mayor after its adoption.
Section 2.24. Codes of technical regulations, (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements

GEORGIA LAWS 1980 SESSION

3229

governing such adopting ordinance shall be as generally prescribed for ordinances except that 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.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.25. Authentication, recording, and codification of ordinances, (a) The town clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The council may provide for the preparation of a general codification of all ordinances of the town having the force and effect of law. The general codification may be adopted by the council by ordinance and, if so adopted, shall be known as "The Code of the Town of Martin, Georgia." All ordinances enacted subsequent to the adoption of the code shall be incorporated therein.
ARTICLE III EXECUTIVE BRANCH
Section 3.10. Administrative and service departments, (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the town as they shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the town.
(b) The operations and responsibilities of each department now or hereafter established in the town shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.

3230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the town shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the town council.
Section 3.11. Boards, commissions, and authorities, (a) All members of boards, commissions, and authorities of the town shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.
(b) Any vacancy in office of any member of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable state law.
(c) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor.
(d) Any member of the board, commission, or authority may be removed from office for cause by a two-thirds' vote of the members of the council.
(e) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.

GEORGIA LAWS 1980 SESSION

3231

(f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the town government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the town, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the town.
Section 3.12. Town clerk. The council shall appoint a town clerk, who shall also serve as the town treasurer, with such compensation as shall be determined by the council. The town clerk shall keep a journal of the proceedings of the town council, maintain in a safe place all records and documents pertaining to the affairs of the town, and perform such other duties as may be required by law or as the council may direct.
Section 3.13. Personnel administration. The council may adopt ordinances, rules and regulations consistent with the charter dealing with:
(1) The method of employee selection and probationary periods of employment;
(2) Adoption and administration of a position classification and pay plan including methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; ;-
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and
(4) Such other personnel policies and procedures as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Martin.

3232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV JUDICIAL BRANCH
Section 4.10. Municipal court. There is hereby created a court to be known as the Municipal Court of the Town of Martin which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law.
Section 4.11. Judge of the municipal court. The municipal court shall be presided over by the judge of the municipal court who shall have such qualifications as the council shall by ordinance provide. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council.
Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the Town of Martin granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.
(b) The municipal court shall have the authority to punish those in its presence for contempt by a fine not to exceed $50.00 or imprisonment not to exceed five days. The municipal court may fix punishment for offenses within its jurisdiction not exceeding $ 1,000.00 or imprisonment not to exceed 12 months, or any part of such punishments or combination thereof, and as an alternative to such fine or imprisonment, the court may sentence any offender upon conviction to labor in a town work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 12 months.
(c) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretak-

GEORGIA LAWS 1980 SESSION

3233

ing of prisoners bound over to superior courts for violations of state law.
(d) The municipal court shall have the authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the Town of Martin or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.
(e) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(f) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
Section 4.14. Appeal. Any person convicted of an offense in the municipal court shall have the right to apply to the superior court of the county in which the portion of the town where the offense was committed lies for a writ of certiorari. Appeal shall be to either the Superior Court of Stephens County or the Superior Court of Franklin County based on the foregoing rule. The right of appeal and procedures pertaining to appeal bonds to the superior court from the municipal court shall lie in the same manner and under the

3234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
same procedure as generally prescribed for appeals and appeal bonds from the probate court.
ARTICLE V ELECTIONS
Section 5.10. Regular elections, (a) The first election of the mayor and council under this charter shall be held on the second Monday in October, 1980. At said election, the mayor shall be elected for a one-year term, and two councilmen shall be elected for three-year terms as provided in Section 2.11. The council positions to be filled at this election shall be those filled at the election held in 1977 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988).
(b) The second election of the mayor and council under this charter shall be held on the second Monday in October, 1981. At said election, the mayor shall be elected for a one-year term and one councilman shall be elected for a three-year term as provided in Section 2.11. The council position to be filled at this election shall be the one filled at the election held in 1978 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988).
(c) The third election of the mayor and council under this charter shall be on the second Monday in October, 1982. At said election, the mayor shall be elected for a one-year term and two councilmen shall be elected for three-year terms as provided in Section 2.11. The council positions to be filled at this election shall be those filled at the election held in 1979 pursuant to the amendment to the charter of the Town of Martin enacted in 1974 (Ga. Laws 1974, p. 2988).
(d) Subsequent elections shall be held on the second Monday in October of each year. At each election, the mayor shall be elected for a one-year term and until his or her successor is elected and qualified. Councilmen and their successors shall be elected during the term that their respective terms of office expire for terms of three years and until their successors are elected and qualified. A candidate for the office of mayor or councilman shall designate that he or she is a candidate for mayor or designate that he or she is a candidate for councilman. All candidates for mayor and council-

GEORGIA LAWS 1980 SESSION

3235

man shall be elected by plurality so that in any election as provided herein the candidate for mayor and the two candidates for councilman receiving the highest number of votes cast shall be elected, and the candidate for mayor and the candidate for councilman, in those years when only one councilman is elected, who receives the highest number of votes cast at said election shall be elected.
(e) The mayor and councilmen shall take office on the first day of November following their election as provided in this section.
Section 5.11. Applicability of general laws. The procedures and requirements for election of all elected officials of the Town of Martin as to primary, special, and general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885) as now or hereafter amended.
Section 5.12. Special elections; vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 180 days of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended.
Section 5.13. Grounds for removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law;

3236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Willful violation of any express prohibition of this charter;
(5) Abandonment of office or neglect to perform the duties thereof; or
(6) Failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.14. Procedure for removal. Removal of an elected officer from office may be accomplished by one of the following methods:
(1) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days from the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Stephens County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(2) By information filed in the Superior Court of Stephens County as provided by law.
ARTICLE VI FINANCIAL AND FISCAL MATTERS
Section 6.10. Property taxes. All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the Town of Martin. The council by ordinance shall elect to use the county assessment for the year in which the town taxes are to be levied and shall request the county to furnish appropriate information for such purpose.
Section 6.11. Tax levy. The council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the

GEORGIA LAWS 1980 SESSION

3237

state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, providing governmental services, the repayment of principal and interest on general obligations, and for any other public purpose as determined by the council in its discretion.
Section 6.12. Millage rate; due dates; tax bills. The council by ordinance shall establish a millage rate for the town property tax. The council by ordinance may also provide for tax due dates and for the payment of taxes by installments or in one lump sum. Any such ordinance may also authorize the voluntary payment of taxes prior to the time when due.
Section 6.13. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the town clerk and executed by any police officer of the town under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which town property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, state, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the town.
Section 6.14. License fees; occupational taxes; excise taxes. The council by ordinance shall have full power to levy such license fees and specific or occupational taxes upon the residents of the Town of Martin, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience, or advantage of the town; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.

3238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.15. Sewer service charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the Town of Martin, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said town. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and town property taxes and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes.
Section 6.16. Sanitary and health service charge. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business in said town benefiting from such service. Such authority shall include the power fb assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens, except liens for county and town property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes.
Section 6.17. Special assessments. The council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, 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, 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 9 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and town property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this article for town property taxes.

GEORGIA LAWS 1980 SESSION

3239

Section 6.18. Construction; other taxes. The Town of Martin shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the town to govern its local affairs.
Section 6.19. Transfer of executions. The town clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfer of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the town, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law.
Section 6.20. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as state law now or hereafter provides.
Section 6.22. Fiscal year; preparation and adoption of operating budget, (a) The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting unless otherwise provided by state or federal law.
(b) On or before a date fixed by the council prior to the beginning of each fiscal year, the council shall prepare and adopt a budget for the ensuing fiscal year. The council shall provide by ordinance the procedures and requirements for the preparation and execution of said annual budget. The budget and all supporting

3240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
documents shall be filed in the office of the town clerk and shall be open to public inspection.
ARTICLE VII GENERAL PROVISIONS
Section 7.10. Official bonds. The officers and employees of the Town of Martin, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the town council may from time to time require.
Section 7.11. Existing ordinances and regulations. Existing ordinances and regulations of the Town of Martin not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the Town of Martin not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.
Section 7.12. Section captions. The captions to the several sections of this charter are informative only and are not to be considered as a part thereof.
Section 7.13. Penalties. The violation of any provision of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $ 1,000.00 or by imprisonment not to exceed twelve months or both such fine and imprisonment.
Section 7.14. Specific repealer. An Act incorporating the Town of Martin in the County of Franklin, approved September 7, 1891 (Ga. Laws 1890-1891, Vol. II, p. 734), as amended by an Act approved August 11, 1909 (Ga. Laws 1909, p. 1108), an Act approved August 5, 1910 (Ga. Laws 1910, p. 948), an Act approved August 13, 1912 (Ga. Laws 1912, p. 1116), an Act approved August 16, 1913 (Ga. Laws 1913, p. 1011), an Act approved August 14, 1915 (Ga. Laws 1915, Ex. Sess., p. 703), an Act approved August 9, 1916 (Ga. Laws 1916, p. 791), an Act approved August 18, 1925 (Ga. Laws 1925, p. 1180), an Act approved March 28, 1935 (Ga. Laws 1935, p. 1114), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2487), and by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2988), is hereby repealed in its entirety. An Act

GEORGIA LAWS 1980 SESSION

3241

authorizing the establishment and maintenance of a system of public schools for the Town of Martin, approved August 16, 1909 (Ga. Laws 1909, p. 1103) is hereby repealed in its entirety.
Section 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.
Section 7.16. Effective dates. For the purposes of the town elections held in 1980 as provided by Section 5.10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. This Act shall be effective for all purposes on November 1, 1980.
Section 7.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Intent to Introduce Legislation.
It is intended to introduce legislation by Representative Jack Irvin for the change of the Martin City Charter.
Thomas R. Williams Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who, on oath, deposes and says that he/she is Representative from the 10th District, and

3242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: December 20, 1979, December 27, 1979, January 3, 1980.
Is/ Jack Irvin Representative, 10th District
Sworn to and subscribed before me, this 22nd day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
CITY OF DALTON (- RETIREMENT SYSTEM AMENDED.
No. 772 (House Bill No. 1383).
AN ACT
To amend an Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton so as to provide a comprehensive and unifed pension plan for certain employees of the City of Dalton, approved March 22, 1974 (Ga. Laws 1974, p. 2744) as amended by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2601), so as to place certain limitations on early retirement; to provide for determination of normal retirement date; to provide for determination of amount of pension; to

GEORGIA LAWS 1980 SESSION

3243

provide for the date of retirement of certain persons who die; to change provisions relating to persons who terminate their employment with the city; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to amend an Act approved February 27, 1874, amending and codifying the various Acts incorporating the City of Dalton so as to provide a comprehensive and unified pension plan for certain employees of the City of Dalton, approved March 22, 1974 (Ga. Laws 1974, p. 2744), as amended by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2601), is hereby amended by striking from Section 5 thereof the following:
"participant shall be the first to occur of the following",
and substituting in lieu thereof the following:
"active employee participant shall be one of the following, determined in a manner most advantageous to the active employee participant:",
so that when so amended Section 5 shall read as follows:
"Section 5. Normal Retirement Date. The normal retirement date for each active employee participant shall be one of the following, determined in a manner most advantageous to the active employee participant: (i) the first day of the month following his attainment of the age of sixty-five (65); (ii) where a participant has completed at least twenty-five (25) years of continuous service and has attained the age of fifty-five, the first day of any month following the month in which his continuous service shall terminate; and (iii) where a participant has completed thirty (30) years of continuous service, the first day of any month following the month in which his continuous service shall terminate."
Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 6 thereof and substituting in lieu thereof a new subsection (a) to read as follows:

3244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(a) Commencing on the first day of the month following the actual retirement date of each participant who shall commence to receive benefits on or after his normal retirement date, such participant shall receive a monthly pension benefit equal to the product of (1) thirteen hundredths (0.13%) percent of the participant's average basic monthly earnings during the thirty-six (36) consecutive months preceding his actual retirement date in which his basic monthly earnings were highest, and (2) the number of months of continuous service by the participant on the date of the participant's actual retirement. The amount of monthly pension determined in accordance with the preceding sentence shall be increased annually by an amount equal to four percent (4%) of said pension benefit determined as of the date the monthly pension benefit commences, such increase to take effect as of each anniversary date of said participant's actual retirement."
Section 3. Said Act is further amended by striking in its entirety subsection (c) of Section 7 thereof and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Under no circumstances shall an active employee participant who becomes totally and permanently disabled or dies prior to his normal or early retirement eligibility date be entitled to early retirement under this Section 7 as a result of such disability or death and he or his spouse or children shall receive only the benefits provided in Section 10 hereof."
Section 4. Said Act is further amended by striking from subsection (a) of Section 9 thereof the words:
"normal retirement date",
and substituting in lieu thereof the words:
"actual retirement date",;
so that when so amended subsection (a) of Section 9 shall read as follows:
"(a) The normal form of monthly pension benefits shall commence on the participant's actual retirement date and shall be payable monthly thereafter during his lifetime; and additionally he

GEORGIA LAWS 1980 SESSION

3245

shall have a guarantee of 120 monthly payments to him or, upon his death, to his beneficiary; and upon the completion of such 120 month period, upon his death, a payment of fifty-five percent of such retirement benefit for the lifetime of the spouse of the participant; provided, however that, such spouse shall have been married to the participant for a period of not less than five (5) years prior to his death, or shall not be more than five (5) full years younger than the participant, and not otherwise."
Section 5. Said Act is further amended by adding a new subsection at the end of Section 9, to be designated subsection (d), to read as follows:
"(d) Should an employee die subsequent to completing the criteria for retirement under normal retirement or early retirement but before actually retiring, the board shall fix his date of retirement as of the day immediately preceding the date of his death."
Section 6. Said Act is further amended by striking in its entirety Section 11 thereof and substituting in lieu thereof a new Section 11 to read as follows:
"Section 11. Termination of employment, (a) A participant whose continuous service is terminated prior to his normal or early retirement date, except by reason of death or disability, and who has failed to complete fifteen (15) years of continuous service at such date of termination shall receive a lump sum payment equal to the total of his accumulated contributions with interest.
(b) (1) A participant whose continuous service is terminated prior to his normal or early retirement date, except by reason of death or disability, and who has completed at least fifteen full years of active service from the date of such termination may elect:
(A) To receive a lump sum payment equal to the total of his accumulated contributions with interest (provided, however, that the participants described in 6(b) who have made the irrevocable election to receive the benefits described in Section 6(b) shall not be entitled to a return of their accumulated contributions); or

3246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) To receive a monthly pension benefit computed in accordance with Section 7 commencing on his normal retirement date determined in accordance with Section 5 and in the normal form described in Section 9(a); or
(C) Upon the attainment of age 55, to be eligible to the same extent as a participant to receive the benefits described in Section 7.
(2) In the event of the death of a participant prior to his normal retirement date and prior to the commencement of payments under (1)(A) or (1)(C), above, payments to the beneficiary or spouse shall be made in the same manner as though the participant had attained the age of 65 on the date of his death but such payment shall begin on the date on which the participant would actually have attained age 65 had he lived."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Local Legislation.
Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, a local bill to amend the charter of Dalton (Georgia Laws 1874, p. 181), as amended, and particularly by (Georgia Laws 1966, p. 2946), "The Mayor and Council of the City of Dalton Employees' Pension Plan," as amended, so as to provide a retirement date certain for any tenured employee who deceases and to provide for an increase in the cost of living provision of the plan to six (6) percent per annum for all present and future retirees; to repeal conflicting laws; and for other purposes.
M. Donald Ellis Mayor, The City of Dalton

GEORGIA LAWS 1980 SESSION

3247

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: December 21, 1979, December 28, 1979, January 4, 1980.

Is/ Roger Williams Representative, 6th District

Sworn to and subscribed before me, this 23rd day of January, 1980.

Isf Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MUSCOGEE COUNTY - COMPENSATION OF CLERK OF SUPERIOR COURT.
No. 773 (House Bill No. 1386).
AN ACT
To amend an Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. Laws 1952, p. 40), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3113), so as to change the compensation of the clerk of the superior court; to provide for an increase at the conclusion of each term; to provide that the clerk of the superior court shall receive at least the same compensation as the Sheriff of Muscogee County as computed under the Act providing for minimum salaries for sheriffs, as now or hereafter amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a salary for the Clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. Laws 1952, p. 40), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3113), is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following:
"Section 1. (a) The base salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia, shall be $26,700.00 per annum. This base salary shall be increased by 5 percent for each four-year term of office served. Such increase shall be computed at the end of each period of service.
(b) Should the salary of the clerk of the superior court, as provided in subsection (a), ever be less than the compensation authorized to be paid to the Sheriff of Muscogee County as computed under an Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended, the salary of the clerk of the superior court shall be increased by the amount necessary to equal the salary of the sheriff as computed under such Act."

GEORGIA LAWS 1980 SESSION

3249

Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, a bill so as to change the salary of the Clerk, of the Superior Court, of Columbus, Muscogee County, Georgia, to establish such change to be effective as of January 1, 1981, to repeal conflicting laws and for other purposes.
This the 31st day of December 1979.
James L. Stubbs Clerk Superior Court Muscogee County, Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ledger-Enquirer which is the official organ of Muscogee County, on the following dates: January 3, 10, 17, 1980.
Isl Thomas B. Buck Representative, 95th District

3250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 22nd day of January, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
MUSCOGEE COUNTY - COMPENSATION OF TAX COMMISSIONER.
No. 774 (House Bill No. 1387).
AN ACT
To amend an Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. Laws 1927, p. 638), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2784), so as to change the compensation of the tax commissioner; to provide for an increase at the conclusion of each term; to provide that the tax commissioner shall receive at least the same compensation as the Sheriff of Muscogee County as computed under the Act providing for minimum salaries for sheriffs, as now or hereafter amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the offices of the Tax Receiver and Tax Collector of Muscogee County and creating the office of tax commissioner of said county, approved July 25, 1927 (Ga. Laws 1927, p. 638), as amended, particularly by an Act approved Febru-

GEORGIA LAWS 1980 SESSION

3251

ary 25, 1977 (Ga. Laws 1977, p. 2784), is hereby amended by striking Section 5 in its entirety and substituting in lieu thereof the following:
"Section 5. (a) The base salary of the Tax Commissioner of Muscogee County shall be $26,700.00 per annum, to be paid in 12 monthly installments on the 1st day of each month. This base salary shall be increased by 5 percent for each four-year term of office served. Such increase shall be computed at the end of each period of service. All commissions, fees, costs, penalties, allowances and all other perquisites, monies or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile license tag agent, or any other function or capacity exercised as tax commissioner and tax receiver (including commissions, fees, or other charges due the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public monies belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the 10th day of each month.
(b) Should the salary of the tax commissioner, as provided in subsection (a), ever be less than the compensation authorized to be paid to the Sheriff of Muscogee County as computed under an Act providing minimum salaries for sheriffs, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended, the salary of the tax commissioner shall be increased by the amount necessary to equal the salary of the sheriff as computed under such Act."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, a bill so as to

3252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
change the salary of the Tax Commissioner, of Muscogee County, to establish such change to be effective as of January 1, 1981, to repeal conflicting laws and for other purposes.
This the 31 day of December, 1979.
Is/ Rembert C. Houser Tax Commissioner, Muscogee County Columbus, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger - Enquirer which is the official organ of Muscogee County, on the following dates: January 3, 10, 17, 1980.
Isi Thomas B. Buck Representative, 95th District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 22nd day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

3253

BAKER COUNTY - TAX COLLECTOR PLACED ON SALARY BASIS.
No. 775 (House Bill No. 1394).
AN ACT
To abolish the present mode of compensating the tax collector of Baker County, known as the fee system; to provide in lieu thereof an annual salary; to provide that certain fees, costs, or other emoluments of the officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the compensation for personnel; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the tax collector of Baker County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

3254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The tax collector of Baker County shall receive an annual salary, payable in equal monthly installments from county funds, in an amount equal to the minimum salary provided in Code Section 91 A-1373 for a tax collector in a county having a population the same as that of Baker County. In addition, the tax collector shall receive those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended.
Section 3. Except as otherwise provided in Section 2 of this Act, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax collector shall be received, collected, and held by him as public funds belonging to Baker County. Once each month the tax collector shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended.
Section 4. The tax collector shall have the sole authority to employ, discharge, and fix the compensation of the employees of his office, but the board of commissioners of Baker County shall have final approval of the compensation of each such employee. The compensation of all such employees shall be paid from the funds of Baker County.
Section 5. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the election superintendent of Baker County to issue the call for an election for the purpose of submitting this Act to the electors of Baker County for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baker County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 1980 SESSION

3255

`[ ] YES Shall the Act abolishing the present mode of compensating the tax collector of Baker County,
[ ] NO known as the fee system, and providing in lieu thereof an annual salary and providing for other matters relative thereto be approved?'
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Baker County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 6. For the purpose of holding the referendum as provided for in Section 5, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective on January 1, 1981, if approved in such referendum.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to abolish the present method of compensating the tax collector of Baker County, known as the fee system, and to provide a salary for such officer; to provide for other matters relative to the foregoing; and for other purposes.

3256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 27 day of December, 1979.
Honorable Charles Hatcher Representative, 131st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles F. Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Baker County, on the following dates: January 3, 10, 17, 1980.
Isl Charles F. Hatcher Representative, 131st District
Sworn to and subscribed before me, this 23rd day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3257

RICHMOND COUNTY -- REMOVAL OF SCHOOL SUPERINTENDENT.
No. 777 (House Bill No. 1411).
AN ACT
To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term; to change the method for removing the superintendent from office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872, (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by striking Section 6 (a) of Section G thereof in its entirety and substituting in lieu thereof a new Section 6 (a) of Section G to read as follows;
"Section 6. Superintendent of Schools, (a) The Superintendent of schools shall be appointed by the Board of Education for a four year term, and may be removed by it, provided that he shall first be served with a clear statement in writing of the cause of his removal and be given an opportunity to be heard thereon at a public meeting of said Board and to be held not less than ten nor more than twenty days after the service of such statement. He shall be entitled to be represented by counsel at such hearing, and upon his request, witnesses whose testimony is pertinent to the charges against him shall be subpoenaed by the president or vice president of the Board. After such hearing, the Board's decision, upon a vote of ten (10) of the members of the Board to remove the superintendent, shall be final except that in the event of physical or mental incapacity of the 102--2

3258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
superintendent of schools, then a majority shall be authorized to act. If the superintendent requests, the hearing and all deliberations shall be held in private."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", approved August 23, 1872 (Ga. Laws 1872, P. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for a change in the number of votes necessary to remove the superintendent from office during his term; to change the method for removing the superintendent from office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other similar purposes.
This 28th day of December, 1979.
Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County
Georgia, Richmond County.

GEORGIA LAWS 1980 SESSION

3259

Personally appeared before me, the undersigned authority duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980.
As provided by law.

Is/ William S. Morris, III Publisher

Sworn to and subscribed before me, this 18th day of January, 1980.

Isl E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal).

Approved March 18, 1980.

McDuffie county - compensation of board OF COMMISSIONERS.
No. 778 (House Bill No. 1456).
AN ACT
To amend an Act creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, particularly by an Act approved

3260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
April 11, 1979 (Ga. Laws 1979, p. 3998), so as to change the provisions relating to the compensation and expense allowance of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a three-member Board of Commissioners for McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3998), is hereby amended by striking from Section 7 the following:
"twelve hundred ($ 1,200.00) dollars",
and inserting in lieu thereof the following:
"twenty-four hundred ($2,400.00) dollars",
and by striking the following:
"two hundred ($200.00) dollars",
and inserting in lieu thereof the following:
"five hundred ($500.00) dollars",
so that when so amended said section shall read as follows:
"Section 7. The chairman of the board shall receive a salary of fifteen thousand ($15,000.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County, and the chairman shall devote full time to the duties of his office. The chairman shall receive, in addition to such salary, an expense allowance of two thousand ($2,000.00) dollars per annum, payable in equal monthly installments from the funds of McDuffie County. The remaining two members of the board shall each receive a salary of two thousand four hundred ($2,400.00) dollars per annum to be paid in equal monthly installments from the funds of McDuffie County. The remaining members shall each receive, in addition to such salary, an expense allowance of five hundred ($500.00) dollars per annum."

GEORGIA LAWS 1980 SESSION

3261

Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, so as to change the compensation of the members (excluding the chairman); and for other purposes.
This 7th day of January, 1980.
Warren D. Evans Representative, 84th District William S. Jackson Representative, 77th District Sam P. McGill Senator, 24th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans who, on oath, deposes and says that he/she is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 10, 17, 24, 1980.

3262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Isl Warren D. Evans Representative, 84th District
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
McDuffie county - compensation of coroner.
No. 779 (House Bill No. 1457).
AN ACT To amend an Act placing certain county officers in McDuffie County on a salary basis, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2176), so as to change the provisions relating to the compensation of the coroner of McDuffie County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing certain county officers in McDuffie County on a salary basis, approved March 9, 1959 (Ga. Laws 1959, p. 2568), as amended, particularly by an Act approved February 27, 1970 (Ga. Laws 1970, p. 2176), is hereby amended by striking from Section 5A the following:

GEORGIA LAWS 1980 SESSION

3263

"six hundred ($600.00) dollars",
and inserting in lieu thereof the following: "twelve hundred ($ 1,200.00) dollars",
so that when so amended said section shall read as follows: "Section 5A. The coroner of McDuffie County shall receive an
annual salary of twelve hundred ($ 1,200.00) dollars per year."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to change the compensation of the coroner of McDuffie County; and for other purposes.
This 7th day of January, 1980.
Warren D. Evans Representative, 84th District William S. Jackson Representative, 77th District Sam P. McGill Senator 24th District

3264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren D. Evans who, on oath, deposes and says that he/she is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 10, 117, 24, 1980.
/si Warren D. Evans Representative, 84th District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public. Georgia State at Large. My Commission Expires Nov. if 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3265

COBB COUNTY-MARIETTA WATER AUTHORITY >4 BONDS.
No. 780 (House Bill No. 1476).
AN ACT
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. Laws 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3052), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2762), an Act approved February 24, 1967 (Ga. Laws 1967, p. 2051), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3533), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3485), so as to increase the limitation on the amount of bonds the authority may have outstanding at any one time; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. Laws 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. Laws 1963, p. 3052), an Act approved March 27, 1965 (Ga. Laws 1965, p. 2762), an Act approved February 24, 1967 (Ga. Laws 1967, p. 2051), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3533), and an Act approved April 10, 1971 (Ga. Laws 1971, p. 3485), is hereby amended by striking from Section 5 the following sentence:
"The Authority, or any authority or body which had or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed forty million dollars ($40,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects.",
and substituting in lieu thereof a new sentence to read as follows:
"The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is

3266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $80 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects.",
so that when so amended Section 5 shall read as follows:
"Section 5. Revenue bonds. The authority, or any authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed $80 million outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereinafter be provided by amendment thereto, payable semiannually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act known as the Cobb-County-Marietta Water Authority Act, approved February 21, 1951, (Ga. L. 1951, p. 497) as heretofore amended; and for other purposes.

GEORGIA LAWS 1980 SESSION This 4th day of Jan., 1980.

3267

Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Rep resentatives

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max D. Kaley who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: Jan. 4, 11 and 18,1980.

Isi Max D. Kaley Representative, 19th District

3268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Amelia Smith Notary Public; Georgia State at Large. My Commission Expires October 7, 1980. (Seal).
Approved March 18, 1980.
STATE COURT OF LAURENS COUNTY - ABOLISHED.
No. 781 (House Bill No. 1482).
AN ACT
To repeal an Act establishing the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved November 29, 1901 (Ga. Laws 1901, p. 124), an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), an Act approved August 23, 1905 (Ga. Laws 1905, p. 209), an Act approved August 21, 1906 (Ga. Laws 1906, p. 228), an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), an Act approved August 10, 1909 (Ga. Laws 1909, p. 220), an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), an Act approved August 18, 1913 (Ga. Laws 1913, p. 186), an Act approved August 17, 1917 (Ga. Laws 1917, p. 239), an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), an Act approved July 22, 1925 (Ga. Laws 1925, p. 430), an Act approved February 10, 1939 (Ga. Laws 1939, p. 460), an Act approved March 12, 1941 (Ga. Laws 1941, p. 645), an Act approved January 31, 1946 (Ga. Laws 1946, p. 284), an Act approved February 21, 1951 (Ga. Laws 1951, p. 3151), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2344), an Act

GEORGIA LAWS 1980 SESSION

3269

approved February 13, 1952 (Ga. Laws 1952, p. 2484), an Act approved February 16, 1953 (Ga. Laws 1953, p. 2248), an Act approved March 6, 1956 (Ga. Laws 1956, p. 2870), an Act approved March 6, 1956 (Ga. Laws 1956, p. 3028), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2963), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2503), an Act approved February 5, 1968 (Ga. Laws 1968, p. 2019), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4447), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), and an Act approved March 2, 1979 (Ga. Laws 1979, p. 3065); to provide an effective date; to provide conditions upon the Act's becoming effective; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved November 29, 1901 (Ga. Laws 1901, p. 124), an Act approved August 4, 1904 (Ga. Laws 1904, p. 140), an Act approved August 23, 1905 (Ga. Laws 1905, p. 209), an Act approved August 21, 1906 (Ga. Laws 1906, p. 228), an Act approved July 28, 1908 (Ga. Laws 1908, p. 140), an Act approved August 10, 1909 (Ga. Laws 1909, p. 220), an Act approved August 16, 1912 (Ga. Laws 1912, p. 194), an Act approved August 18, 1913 (Ga. Laws 1913, p. 186), an Act approved August 17, 1917 (Ga. Laws 1917, p. 239), an Act approved August 3, 1920 (Ga. Laws 1920, p. 325), an Act approved July 22, 1925 (Ga. Laws 1925, p. 430), an Act approved February 10, 1939 (Ga. Laws 1939, p. 460), an Act approved March 12, 1941 (Ga. Laws 1941, p. 645), an Act approved January 31, 1946 (Ga. Laws 1946, p. 284), an Act approved February 21, 1951 (Ga. Laws 1951, p. 3151), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2344), an Act approved February 13, 1952 (Ga. Laws 1952, p. 2484), an Act approved February 16, 1953 (Ga. Laws 1953, p. 2248), an Act approved March 6, 1956 (Ga. Laws 1956, p. 2870), an Act approved March 6, 1956 (Ga. Laws 1956, p. 3028), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2963), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2503), an Act approved February 5, 1968 (Ga. Laws 1968, p. 2019), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4447), an Act

3270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 4, 1977 (Ga. Laws 1977, p. 2809), and an Act approved March 2, 1979 (Ga. Laws 1979, p. 3065), is hereby repealed in its entirety.
Section 2. This Act shall become effective January f, 1981, but only if, prior to January 1, 1981, a second judge of the superior courts for the Dublin Judicial Circuit is authorized by law.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to repeal an Act which created the City Court of Dublin (Ga. Law 1900, p. 117, as amended) in its entirety upon the establishment of a second superior Court for the Dublin Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Leon Green County Attorney
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to repeal an Act which created the City Court of Dublin (Ga. Law 1900, p. 117, as amended) in its entirety upon the establishment of a second Superior Court for the Dublin Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes.
Leon Green County Attorney

GEORGIA LAWS 1980 SESSION

3271

Georgia, Laurens County.

This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 9, 16, and 23, 1980.

Certified this the 24th day of January, 1980.

/si Dahlia Wren, Editor and Publisher Laurens County News

Sworn to and subscribed before me this 24th day of January, 1980.

Isl Donald W. Gillis Notary Public Georgia, State at Large. My Commission expires Aug. 15, 1982. (Seal).

Approved March 18, 1980.

3272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
DECATUR COUNTY -- BOARD OF EDUCATION RESIDENCY REQUIREMENTS, REFERENDUM.
No. 782 (House Bill No. 1486).
AN ACT
To amend an Act increasing the membership of the board of education of Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2649), so as to change certain residency requirements of the members of the board of education; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act increasing the membership of the board of education of Decatur County, approved March 30, 1971 (Ga. Laws 1971, p. 2649), is hereby amended by striking in their entirety Sections 1 and 2 thereof and inserting in lieu thereof the following:
"Section 1. The board of education of Decatur County shall be composed of seven members appointed by the Decatur County Grand Jury. Those persons serving as members of the board on the effective date of this section shall serve out their respective terms of office, and thereafter all subsequent appointments shall be for a term of office of five years and until the respective successors of such members are appointed and qualified. The members of the board of education of Decatur County shall reside within the Decatur County School District and no more than two of such members may reside within the same militia district.
Section 2. Not less than 15 and not more than 270 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Decatur County to issue the call for an election for the purpose of submitting this Act to the electors of Decatur County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ

GEORGIA LAWS 1980 SESSION

3273

of Decatur County. The ballot shall have written or printed thereon the words:
`[ ] YES Shall the Act providing that no more than two members of the board of education of Decatur
[ ] NO County may reside within the same militia district be approved?'

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Decatur County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly a bill to amend an Act changing the membership of the Board of Education of Decatur County, approved March 30, 1971 Georgia Laws 1971 Page 2649; to provide for a referendum; and for other purposes.
Isl Walter E. Cox State Representative, 141st District

3274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox who, on oath, deposes and says that he/she is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Bainbridge Post Searchlight which is the official organ of Decatur County, on the following dates: January 12, 19, 26, 1980.
Isi Walter E. Cox Representative 141st District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. If 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3275

CHEROKEE COUNTY BOARD OF EDUCATION ELECTIONS, ETC., REFERENDUM.
No. 783 (House Bill No. 1490).
AN ACT
To amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), so as to change the method of electing members of the Board of Education of Cherokee County; to change the terms of office of certain members; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The present members of the Board of Education of Cherokee County shall serve until the expiration of their respective terms of office as provided in this Act. The members of the Board of Education representing Posts 1, 3, 5, and 6 shall serve until December 31, 1982. The members of the Board representing Posts 2, 4, and 7 shall serve until December 31, 1984. As their terms of office expire, their successors shall be elected as provided in this Act. In order for a candidate to be eligible for election to the Board, he must be a resident of the school district which corresponds by number to that post on the Board for which he offers as a candidate. All members of the Board of Education provided for herein shall be nominated and elected in accordance with the provisions of Code Title 34, known as the `Georgia Election Code,' as the same now exists or may hereafter be amended. In 1982 and every four years thereafter, successors to those members occupying Posts 1, 3, 5, and 6 shall be elected. In 1984 and every four years thereafter, successors to those members occupying Posts 2, 4, and 7 shall be elected."

3276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Cherokee County to issue the call for an election for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in August, 1980. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words:
"[ ]YES Shall the Act changing the method of electing members of the Board of Education of Cherokee
[ ]NO County and changing the term of office of certain members be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Cherokee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. This Act shall become effective January 1, 1981, except the provisions of Section 2 which shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3277

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. Laws 1973, p. 3207), so as to change the method of electing members of the Board of Education of Cherokee County; to change the terms of office of certain members; to provide an effective date; and for other purposes.

This 3rd day of January, 1980.

Isi Wendell T. Anderson Representative, 8th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980.
Is/. Wendell T. Anderson Representative, 8th District

3278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
CHEROKEE COUNTY - COMPENSATION OF COUNTY COMMISSIONER.
No. 784 (House Bill No. 1491). AN ACT
To amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), so as to change the compensation of the commissioner of said county; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

GEORGIA LAWS 1980 SESSION

3279

"Section 5. Compensation of commissioner. The commissioner shall be compensated in the amount of $ 19,000.00 per annum in the calendar year 1980; $21,500.00 per annum in the calendar year 1981; and $24,000.00 per annum in the calendar year 1982 and each year thereafter. The commissioner shall be paid in equal monthly installments from the funds of Cherokee County. The county shall furnish the commissioner with an appropriate automobile to be used by him in carrying out the official duties of his office. The cost of such automobile and the replacement cost thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Cherokee County. The commissioner shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Cherokee County. The salary and expenses provided for herein shall constitute the entire compensation from all sources to which the commissioner shall be entitled to be paid from county funds. The commissioner shall devote his full time to the duties of his office."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved February 7, 1978 (Ga. Laws 1978, p. 3029), so as to change the compensation of the commissioner to the commissioner of Cherokee County for attendance at meetings of boards and authorities on which he is required to serve; and for other purposes.
This 3rd day of January, 1980.

3280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Isi Wendell T. Anderson Representative, 8th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980.
/s/ Wendell T. Anderson Representative, 8th District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3281

CITY OF HOLLY SPRINGS - NEW CHARTER.
No. 785 (House Bill No. 1492).
AN ACT
To provide a new charter for the City of Holly Springs in the County of Cherokee; to provide for the incorporation and powers of said city; to proyide for the governing body of said city; to provide for the executive branch; to provide for the judicial branch; to provide for elections; to provide for the financial and fiscal affairs of said city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I CREATION, CORPORATION, POWERS
Section 1.01. City of Holly Springs. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of Holly Springs, Georgia, and by that name shall have perpetual succession.
Section 1.02. Corporate boundaries, (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the clerk and to be designated, as the case may be: "Official Map (or Description) of the Corporate Limits of the City of Holly Springs, Georgia." Photographic, typed, or other copies of such map or description certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.

3282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1.03. Powers and construction, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.04. Examples of power, (a) The corporate powers of this city may include but are not limited to the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and collect such other taxes as may be allowed now or in the future by state law;
(3) To levy and to provide for the collection of license fees and taxes on privileges, occupations, businesses, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;
(4) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia and to provide for the payment of expenses of the city;
(5) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(6) 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;

GEORGIA LAWS 1980 SESSION

3283

(7) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
(8) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Code Section 36-202 or under other applicable laws which may be enacted;
(9) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, cable television, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations, standards, and conditions applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations by the Public Service Commission;
(11) To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and to light roads, alleys, and walkways within the corporate limits of the city, and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies.

3284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof and, for such purposes, property may be acquired by condemnation under Code Section 36-202 or under other applicable laws which may be enacted;
(13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures;
(15) To provide such comprehensive city planning for development by zoning, subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;
(16) To provide for the prevention and punishment of drunkness, riots, and public disturbances;
(17) To regulate or prohibit junk dealers and pawn shops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads

GEORGIA LAWS 1980 SESSION

3285

or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(21) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(22) To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;'
(23) To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
(24) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(25) To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the

3286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to change the same from time to time, and to levy such fees on the users connecting with the sewerage system;
(26) To define a nuisance and provide for its abatement whether on public or private property;
(27) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
(28) To provide that persons given jail sentences in the city's court shall work out such sentences in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials.
(29) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder;
(30) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(31) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(32) To provide and maintain a system of pensions and retirement for officers and employees of the city;

GEORGIA LAWS 1980 SESSION

3287

(33) To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(34) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor;
(35) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(36) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;
(38) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(39) To organize and operate an urban redevelopment program;
(40) To organize and operate such public transportation systems as are deemed beneficial;
(41) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(42) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully

3288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia.
(b) No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.05. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.01. City council creation; composition;-number; election. Except as otherwise specifically provided in this charter, the legislative authority of the government of this city shall be vested in a city council to be composed of a mayor and five council members. The mayor and council members shall be elected in the manner provided by Article V of this charter.
Section 2.02. City council terms and qualifications for office. The members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless he shall have been a resident of the city one year immediately prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this city.
Section 2.03. Vacancy; filling of vacancies, (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.

GEORGIA LAWS 1980 SESSION

3289

(b) A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.04. Compensation and expenses. The mayor and council members shall receive compensation for their services in an amount set by ordinance. The mayor and council members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
Section 2.05. Prohibitions, (a) Except as authorized by law, no member of the council shall hold any other elective city office or elective city employment during the term for which he was elected.
(b) Neither the mayor nor any council member shall vote upon any question in which he is personally interested.
Section 2.06. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
Section 2.07. General power and authority of the council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Holly Springs as provided by Article I.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity or wellbeing of the inhabitants of the City of Holly Springs and may enforce such ordinance by imposing penalties for violation thereof.
(c) The council may by ordinance change, create, alter, abolish, or consolidate offices, agencies, and departments of the city and 103--2

3290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.08. Chief executive officer. The mayor shall be the chief executive of the City of Holly Springs. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers granted to him in this charter.
Section 2.09. Duties of mayor. As the chief executive officer of the City of Holly Springs, the mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the official head of the city for the service of process and for ceremonial purposes;
(3) Have power to administer oaths and to take affidavits;
(4) Sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing;
(5) See that all laws and ordinances of the city are faithfully executed;
(6) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(7) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(8) Call special meetings of the council as provided for in Section 2.12 of this charter;
(9) Examine and audit all accounts of the city before payment;

GEORGIA LAWS 1980 SESSION

3291

(10) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient;
(11) Suspend any appointed city employee or officer for cause, said suspension to be in effect until the next meeting of the council wherein the question of the employee's or officer's capability shall be decided by the council;
(12) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget;
(13) Break a tie vote of the council members;
(14) Perform other duties as may be required by law, this charter, or ordinance.
Section 2.10. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem. or, in his absence or disability for any cause, one of the council members chosen by the council shall be clothed with all the rights and privileges of the mayor so long as such absence or disability shall continue.
Section 2.11. Organization meeting. The city council shall meet for organization on the regular council meeting date. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected member as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of mayor/councilman of this city and that I will support and defend the charter and ordinances thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.12. Regular and special meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance

3292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the special meeting shall also constitute waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible.
Section 2.13. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Section 2.14. Quorum; voting. A majority of all the members elected shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote. The affirmative vote of a majority of the entire council shall be required for the adoption of any ordinance, resolution, or contract except as otherwise provided in this charter.
Section 2.15. Ordinance form; procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Holly Springs hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any council member and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish.

GEORGIA LAWS 1980 SESSION

3293

Section 2.16. Action requiring an ordinance. In addition to other acts required by general state law or by specific provisions of this charter to be done by ordinance, acts of the city council which have the force and effect of law shall be done by ordinance.
Section 2.17. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or mayor pro tern, and promptly adopt an emergency ordinance; but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.18. Code of technical regulations, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.19.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.19. Signing; authenticating; recording; codification; printing, (a) The clerk shall authenticate by his signature and

3294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
record in full in a properly indexed book kept for the purpose all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such code 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 Holly Springs, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.01. Administrative and service departments, (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments, and agencies of the city.

GEORGIA LAWS 1980 SESSION

3295

(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
Section 3.02. Boards, commissions, and authorities, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasilegislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) The qualifications required of members of boards, commissions, or authorities shall be as prescribed by the council.

3296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general state law.
(f) No member of a board, commission, or authority shall assume office until he has executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vicechairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or general state law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.03. City attorney. The mayor and city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.04. City clerk. The mayor and city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council.

GEORGIA LAWS 1980 SESSION

3297

Section 3.05. Tax collector. The mayor and city council shall appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
Section 3.06. City accountant. The mayor and city council shall appoint a city accountant to perform the duties of an accountant.
Section 3.07. City manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor.
Section 3.08. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
Section 3.09. Position classification and pay plan. The mayor and city council shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
Section 3.10. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan;

3298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
Section 4.01. Recorder's court; creation. There is hereby established a court to be known as Recorder's Court of the City of Holly Springs which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the recorder of said court.
Section 4.02. Recorder, (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years and shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council.
(b) A recorder pro tern, shall serve in the absence or disqualification of the recorder, shall be appointed by the council, shall take the same oath as the recorder, and shall exercise the same powers and duties as the recorder when acting in the recorder's stead.

GEORGIA LAWS 1980 SESSION

3299

(c) Before entering on the duties of his office, the recorder shall take an oath before the city clerk that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council.
Section 4.03. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 4.04. Jurisdiction; powers, (a) The recorder's court shall try and punish for crimes against the City of Holly Springs and for violations of its ordinances. The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $30.00 or five days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days, or both, and as an alternative to fine or imprisonment may sentence any offender upon conviction to labor on the streets, sidewalks, squares, or other public works.
(b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(c) The recorder's court shall have the authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash, personal property, or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the recorder presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be forfeited on order of the recorder to the City of Holly Springs or the property so deposited shall have a lien against it for the value forfeited, which

3300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(d) The recorder's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(e) The recorder's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law.
(g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Holly Springs granted by state laws generally to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances.
Section 4.05. Appeal. The right of appeal from the recorder's court to the superior court shall be by certiorari as provided by law.
Section 4.06. Rules for court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedures for the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours prior to said proceedings.

GEORGIA LAWS 1980 SESSION

3301

ARTICLE V ELECTIONS
Section 5.01. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the provisions of Code Title 34A, known as the "Georgia Municipal Election Code," as the same now exists or may hereafter be amended.
Section 5.02. Regular elections, (a) The regular municipal elections for the City of Holly Springs shall be held annually on the first Saturday in December. A mayor and three councilmen shall be elected for two-year terms at the election in each even-numbered year, and two councilmen shall be elected for two-year terms at the election in each odd-numbered year.
(b) On Saturday, December 6, 1980, the initial election under this charter shall be conducted. At said election a mayor and three councilmen shall be elected for terms of two years and until their successors are elected and qualified. The mayor and three councilmen elected at said election shall be successors to the mayor and three councilmen elected under the former charter of the City of Holly Springs whose terms of office are then expiring. The other two councilmen elected under the former charter shall serve through 1981 at which time their terms of office shall expire and their successors shall be elected and qualified as provided in this charter.
Section 5.03. Special elections; vacancies. In the event that the office of mayor or council member shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects the special election shall be held and conducted in accordance with the provisions of Code Title 34A, known as the "Georgia Municipal Election Code," as the same now exists or may hereafter be amended.
Section 5.04. Other provisions. Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and

3302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duties under the provisions of Code Title 34A, known as the "Georgia Municipal Election Code," as the same now exists or may hereafter be amended.
Section 5.05. Grounds and procedure for removal of elected officers. The council may by ordinance set forth the grounds and procedure for the removal of elected officials of the City of Holly Springs.
ARTICLE VI FINANCE AND FISCAL
Section 6.01. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.02. Millage rate, due dates, payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and in what length of time these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due.
Section 6.03. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.09.
Section 6.04. Licenses, permits, fees. The city council by ordinance shall have the power to require any individuals or corpora-

GEORGIA LAWS 1980 SESSION

3303

tions who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.09. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
Section 6.05. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city. All franchises granted by the city shall be recorded and maintained in a registration book by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.06. Service charges. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.09.
Section 6.07. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.09.

3304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.08. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.09. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.01 through 6.08 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fa.'s, creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.
Section 6.10. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.11. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
Section 6.12. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
Section 6.13. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.

GEORGIA LAWS 1980 SESSION

3305

Section 6.14. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content, and form of such budgets and programs.
Section 6.15. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue.
Section 6.16. Contracting procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council.
Section 6.17. Centralized purchasing. The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Holly Springs.
Section 6.18. Sale of city property, (a) The council may sell and convey any real or personal property owned or held by the City of Holly Springs for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city.
(b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever a small parcel or tract of land is cut off or separated from a larger tract or boundary of land owned by the city in connection with the extending or widening of any street, avenue, alley, or public place in the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any

3306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.01. Eminent domain. The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken in accordance with the provisions of Code Title 36, relating to eminent domain, subject to such amendments as shall be enacted or any other Georgia law applicable now or provided in the future.
Section 7.02. Official bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by state law.
Section 7.03. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended. Existing rules and regulations of departments or agencies of the city not inconsistent with the provisions of this charter shall also remain in effect until they have been repealed or amended.
Section 7.04. Prior ordinances. All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.

GEORGIA LAWS 1980 SESSION

3307

Section 7.05. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such city agencies, personnel, or office as may be provided by the city council.
Section 7.06. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 12 months or with such fine and imprisonment.
Section 7.07. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is not.
(c) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.08. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
ARTICLE VIII REPEALERS
Section 8.01. Specific repealer. An Act incorporating the City of Holly Springs in the County of Cherokee, approved August 14, 1906 (Ga. Laws 1906, p. 819), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

3308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 8.02. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to create a new charter for the City of Holly Springs, Georgia; to provide for all matters relative thereto; and for other purposes.
This 3rd day of January, 1980.
Wendell T. Anderson Representative, 8th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cherokee Tribune which is the official organ of Cherokee County, on the following dates: January 9, 16, 23, 1980.
Isl Wendell T. Anderson Representative, 8th District

GEORGIA LAWS 1980 SESSION
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

3309

STATE COURT OF FULTON COUNTY - COSTS.
No. 786 (House Bill No. 1501).
AN ACT
To amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4651), so as to change the cost deposit requirements and the cost charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a municipal court of the City of Atlanta (now the State Court of Fulton County), approved August 20, 1913 (Ga. Laws 1913, p. 145), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4651), is further amended by striking Section 44 in its entirety and inserting in lieu thereof a new Section 44 which shall read as follows:

3310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 44. Each person filing a suit or proceeding of any character shall deposit with the clerk of said court at the time of filing or commencing such proceeding the total cost of such proceedings as prescribed in Section 49 of this Act; provided, however, that such aforesaid deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same. The aforesaid deposit shall be a security deposit to insure the payment of the court cost of such proceeding. If the court cost is recovered from the losing party, the aforesaid deposit shall be refunded to the party making the deposit. And, upon the tenth day of each succeeding month the Board of Commissioners of Fulton County shall pay over to the publisher of the newspaper which publishes legal notices for the sheriff of Fulton County a publication subsidy in the sum of $350.00 per week for each week in which the said newspaper publishes the calendar of the said court during the preceding month as compensation for the printing and publication of the said calendars."
Section 2. Said Act is further amended by striking therefrom Section 49 in its entirety and inserting in lieu thereof a new Section 49 which shall read as follows:
"Section 49. (a) Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceeding against tenant holding over, irrespective of how they shall be terminated shall be $14.00 plus $5.00 for each defendant more than one, provided, however, where the principal amount involved is $300.00, or more, the cost shall be $19.00 plus $5.00 for each defendant more than one.
(b) The total cost, except as hereinafter provided, for a garnishment proceeding irrespective of how it shall be terminated, shall be $14.00 plus $5.00 for each summons more than one; provided, however, where the principal amount involved is $300.00, or more, the cost shall be $ 19.00 plus $5.00 for each summons more than one.
(c) The total cost, except as hereinafter provided, for a proceeding against tenant holding over, irrespective of how it shall be terminated, shall be $ 14.00 plus $5.00 for each defendant more than one.

GEORGIA LAWS 1980 SESSION

3311

(d) In addition to the foregoing costs, the clerk of said court shall charge and collect as follows:
A. COST IN CIVIL PROCEEDING:

(1) For issuing writ in proceeding against tenant holding over

$ 1.00

(2) For issuing scire facias each defendant

including service

5.00

(3) For each judgment more than one and

docketing same

3.00

(4) For affidavit to obtain alias fi. fa

.50

(5) For filing and docketing each appeal to the appellate division, including filing all briefs

3.00

(6) For entering judgment or remittitur from Court of Appeals or Supreme Court

3.00

(7) For exemplification of records, per

hundred words

.30

(8) For certificate and seal of court

1.00

(9) For certified copy under Code

Section 38-627

2.50

(10) For filing and docketing each traverse to answer of garnishment, including service

5.00

Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.

3312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II B. COSTS IN CRIMINAL CASES:

(1) For each warrrant including affidavit

$ 2.50

(2) For docketing each warrant

.75

(3) For arrest

8.00

(4) For return of officer

1.00

(5) For keeping prisoner per diem

15.00

(6) For taking bond

6.00

(7) For order of commitment or discharge

or dismissal

1.00

(8) For issuing commitment

.75

(9) For entering any order

1.00

(10) For docketing any order

.75

(11) For motion to withdraw or dismiss

warrant

1.00

(12) For docketing same

.75

(13) For certified copy under Code Section 38-627

2.50

C. COSTS FOR MARSHAL'S OFFICE:

(1) For each search and return of nulla bona

$ 4.00

(2) For each arrest in civil cases

5.00

GEORGIA LAWS 1980 SESSION

3313

(3) For each levy or seizure on personal property, except foreclosures and trovers under $300.00
$300.00 and over
(4) For each levy and sale on foreclosure under $300.00
$300.00 and over
(5) For taking and approving bond in civil cases
(6) For settling fi. fa. or attachment before levy or sale:
Under $300.00
$300.00 and over
(7) For backing fi. fa. or writ from another court
(8) For marshal's deed or bill of sale
(9) For serving subpoenas, motions, orders and certified copies from other courts
(10) For serving second originals
(11) For serving second and third party complaints

5.00 10.00 5.00 10.00
5.00
5.00 10.00 5.00
5.00
10.00 . . . . 10.00
10.00

3314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(12) For commission on sale of personal property:

Up to $1,000.00

7%

Over $1,000.00

5%

(13) For commission on sale of real estate property:

Up to $100.00

10%

Over $100.00

2%

(14) For removing and/or storing property and keeping and feeding animals - the actual expense incurred after authorization by the court."

Section 3. This Act shall become effective May 1, 1980.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913, (Ga. L. 1913, p. 145); and for other purposes.
This 10th day of January, 1980.
John Tye Ferguson Associate County Attorney Fulton County

GEORGIA LAWS 1980 SESSION Georgia, Fulton County.

3315

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18,25, 1980.

Is/ Sidney J. Marcus Representative, 26th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY -- TAX COMMISSIONER'S SALARY.
No. 787 (House Bill No. 1504).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, approved April 10, 1971 (Ga. Laws 1971, p. 3759), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3466), so as to authorize the board of commissioners of Clinch County to fix the salary of the tax commissioner within certain limits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and tax collector of Clinch County into the office of tax commissioner of Clinch County, approved April 10, 1971 (Ga. Laws 1971, p. 3759), as amended by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3466), is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The tax commissioner shall receive an annual salary of not less than $10,800.00 and not more than $15,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Said salary shall be paid monthly out of the general funds of the county."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 General Assembly of Georgia a bill to increase the salary of the Chairman of the Clinch County Board of Commisioners of Roads and Revenues; a bill to increase the salary of the Tax Commissioner of Clinch County; and a bill to increase the salaries of the

GEORGIA LAWS 1980 SESSION

3317

members of the Clinch County Board of Commissioners of Roads and Revenue effective with the new term of office; to repeal conflicting laws and for other purposes.

This the 4th day of January, 1980.

Tom Crosby Representative, 150th District

Georgia, Clinch County.

Personally appeared before the undersigned official, duly authorized to administer oaths, Iverson H. Huxford who, under oath, deposes and states that the Clinch County News is the official publication organ of Clinch County, Georgia, that he is publisher and owner of same, and that the below Notice of Intention to Introduce Local Legislation was duly published in said publication the issues of January 3, 10, and 17, 1980.

/s/Iverson H. Huxford,(L.S.)

Sworn to and subscribed before me, this 22nd day of January, 1980.

Isl Beulah Nettles Notary Public, Georgia State at Large. (Seal).

Approved March 18, 1980.

3318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CLINCH COUNTY -- COMPENSATION OF BOARD OF COMMISSIONERS.
No. 788 (House Bill No. 1505).
AN ACT
To amend an Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3460), so as to change the limits within which the board of commissioners of Clinch County may fix the salary of the chairman of the board; to change the salaries of the other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Clinch County, approved March 9, 1933 (Ga. Laws 1933, p. 456), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3460), is hereby amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) The chairman of the board shall receive an annual salary of not less than $10,800.00 and not more than $15,000.00, the exact amount to be determined by a majority vote of the board of commissioners of Clinch County. Action affecting the salary of the chairman of the board shall be advertised in the legal organ of Clinch County prior to any consideration or vote by the board of commissioners of Clinch County. Changes in the salary of the chairman shall become effective immediately after being properly advertised and voted upon by a majority of the board of commissioners of Clinch County. Provided, however, that if the chairman does not devote his entire time to the discharge of his duties as chairman of the board, then he shall receive only the salary provided herein for other members of the board.
(b) The other members of the board shall each receive an annual salary of not less than $1,200.00 and not more than $2,400.00, the exact amount to be determined by a majority vote of the board of commissioners.

GEORGIA LAWS 1980 SESSION

3319

(c) All salaries shall be paid monthly out of the general funds of the county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, except the provisions of subsection (b) of quoted Section 9 of Section 1 which shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 General Assembly of Georgia a bill to increase the salary of the Chairman of the Clinch County Board of Commissioners of Roads and Revenues; a bill to increase the salary of the Tax Commissioner of Clinch County; and a bill to increase the salaries of the members of the Clinch County Board of Commissioners of Roads and Revenue effective with the new term of office; to repeal conflicting laws and for other purposes.
This the 4th day of January, 1980.
Tom Crosby Representative, 150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby who, on oath, deposes and says that he/she is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News which is the

3320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Clinch County, on the following dates: January 3, 10, 17, 1980.
Isl Tom Crosby Representative, 150th District
Sworn to and subscribed before me, this 29th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
STATE COURT OF LAURENS COUNTY - SALARIES OF JUDGE AND SOLICITOR. No. 789 (House Bill No. 1511). AN ACT
To amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2473), and as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), and as amended particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), so as to change the provisions relative to the compensation of the judge and solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3321

Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. Laws 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2473), and as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3952), and as amended particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2809), is hereby amended by striking from Section 2A the following:
"$13,000.00",
and inserting in lieu thereof the following:
"$14,300.00",
and by striking from said section the following:
"11,000.00",
and inserting in lieu thereof the following:
"$12,100.00",
so that Section 2A shall read as follows:
"Section 2A. The Judge of the State Court of Laurens County shall receive an annual salary of $14,300.00 and the Solicitor of said Court shall receive an annual salary of $12,100.00. Said salaries shall be paid in equal monthly installments from the funds of Laurens County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

104--2

3322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the State Court of Laurens County, and the Solicitor of the State Court of Laurens County, to provide an effective date, and for other purposes.
Leon Green County Attorney
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there-will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the State Court of Laurens County, and the Solicitor of the State Court of Laurens County, to provide an effective date, and for other purposes.
Leon Green County Attorney
Georgia, Laurens County.
This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 9, 16, and 23, 1980.
Certified this the 24th day of January, 1980.

GEORGIA LAWS 1980 SESSION

3323

Isi Dahlia Wren, Editor and Publisher Laurens County News

Sworn to and subscribed before me, this 24th day of January, 1980.

Isl Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires August 15, 1982. (Seal).

Approved March 18, 1980.

CITY OF LaGRANGE-- ELECTIONS.
No. 790 (House Bill No. 1514).
AN ACT
To amend an Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, so as to make the provisions thereof pertaining to elections conform to the provisions of the Georgia Municipal Election Code; to provide for elections in oddnumbered years; to authorize the governing authority of the city to maintain voter registration lists or to adopt the county voter registration list; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of LaGrange in the County of Troup, approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended, is hereby amended by striking

3324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.01 in its entirety and inserting in lieu thereof a new Section 6.01 to read as follows:
"Section 6.01--Regular Election; Time for Holding. The regular election for mayor and councilmen shall be held on the first Wednesday in December of each odd-numbered year. The election for the mayor and three councilmen whose terms expire shall be held in December of 1981 and the election for the remaining three councilmen whose terms expire shall be held in December of 1983. Officials elected at any such regular election shall take office at the first regular meeting of the mayor and council held in January next following such elections."
Section 2. Said Act is further amended by striking Section 6.02 in its entirety and inserting in lieu thereof a new Section 6.02 to read as follows:
"Section 6.02--Qualification of Electors. Any resident of the City of LaGrange who meets the qualifications contained in the Georgia Municipal Election Code, as the same now exists or may hereafter be amended, shall be eligible to register and vote in any municipal election held in the City of LaGrange."
Section 3. Said Act is further amended by striking Section 6.03 in its entirety and inserting in lieu thereof a new Section 6.03 to read as follows:
"Section 6.03--Nomination of Candidates. Each candidate for the office of mayor or councilman, prior to having his or her name placed on the ballot for any regular or special election, shall be nominated for such post as follows:
(a) In a municipal primary election conducted by a political party registered with and authorized to hold a primary election in the city. Every such primary election shall be held and conducted in accordance with the Georgia Municipal Election Code and pursuant to the rules and regulations of the party consistent with the provisions of this charter and the Georgia Municipal Election Code. The expenses of such primary shall be borne by the political party holding and conducting such primary; or

GEORGIA LAWS 1980 SESSION

3325

(b) In a nominating petition signed by not less than five (5) percent of the registered voters in the City of LaGrange filed with the clerk-treasurer of the city at least thirty (30) days prior to the date of any regular municipal election and fifteen (15) days prior to any special election. Any such nominating petition shall be in the form and shall be filed in the manner prescribed by ordinance; or
(c) In a notice of write-in candidacy as provided by Article II, Section III, Paragraph III of the Constitution of the State of Georgia and by the Georgia Municipal Election Code; and
(d) By filing a notice of candidacy required by and otherwise complying with the provisions of the Georgia Municipal Election Code and by designating the specific office to which such candidate seeks election."
Section 4. Said Act is further amended by striking Section 6.04 in its entirety and inserting in lieu thereof a new Section 6.04 to read as follows:
"Section 6.04--Duties of Governing Authority. The mayor and council of LaGrange, as the governing authority, shall exercise all the powers and perform all of the duties imposed upon it by the Georgia Municipal Election Code."
Section 5. Said Act is further amended by striking Section 6.05 in its entirety and inserting in lieu thereof a new Section 6.05 to read as follows:
"Section 6.05--Conduct of Election. All general or special elections or primaries conducted in the city shall be held and conducted in compliance with and pursuant to the provisions of the Georgia Municipal Election Code."
Section 6. Said Act is further amended by striking in its entirety Section 6.06, which reads as follows:
"Section 6.06--Time of Elections--Ballots. The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot."

3326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. Said Act is further amended by striking in its entirety Section 6.07, which reads as follows:
"Section 6.07--Place of Elections. The place for holding elections shall be prescribed by the mayor and council in the election notice."
Section 8. Said Act is further amended by striking Section 6.08 in its entirety and inserting in lieu thereof a new Section 6.08 to read as follows:
"Section 6.08--Voter Registration Lists, Elections. In accordance with the provisions of the Georgia Municipal Election Code, the mayor and council may by ordinance elect either to maintain its own voter registration or to use the Troup County voter registration list, thereby providing that any person who is a resident of the city and who is registered as an elector with the board of registrars of Troup County shall be eligible to vote in a municipal primary or election. The qualification of any person seeking to vote in a municipal primary or election shall be determined by the appropriate provisions of the Georgia Municipal Election Code and the Constitution of the State of Georgia."
Section 9. Said Act is further amended by striking in its entirety Section 6.09, which reads as follows:
"Section 6.09--Board of Registrars. The mayor and council may create a board of registrars if deemed desirable, and delegate to and place upon said board of registrars any and all of the duties herein imposed or they may place any and all of said duties upon any employees, official or officials of said city as they may designate."
Section 10. Said Act is further amended by striking in its entirety Section 6.10, which reads as follows:
"Section 6.10--Challenge.--Any candidate or duly authorized representative election manager, may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: `I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly of Georgia, that I have been a bona fide resident in the City of

GEORGIA LAWS 1980 SESSION

3327

LaGrange for at least six months preceding this election, and that I have not previously voted in this election. So help me God.' This oath shall be subscribed on the voters' list opposite the name of the challenged elector, and the word `challenge' and stub number for the ballot shall be entered thereon."
Section 11. Said Act is further amended by striking in its entirety Section 6.11, which reads as follows:
"Section 6.11--Write-In Votes. No person elected on a write-in vote shall be eligible to hold the office of mayor or councilman unless notice of his intention of candidacy was given at least 5 days prior to the election by the person to be a write-in candidate. Said notice of intention to be a write-in candidate for the office of mayor or of councilman shall be served upon the city clerk of the City of LaGrange and published in one or more newspapers of general circulation within the City of LaGrange."
Section 12. Said Act is further amended by striking Section 6.12 in its entirety and inserting in lieu thereof a new Section 6.12 to read as follows:
"Section 6.12--Absentee Voting. Voting by absentee ballot in all general or special municipal elections or primaries shall be in accordance with the absentee voting provisions of the Georgia Municipal Election Code."
Section 13. Said Act is further amended by striking Section 6.13 in its entirety and inserting in lieu thereof a new Section 6.13 to read as follows:
"Section 6.13--Majority of Vote Required for Election. No candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or for election to such public office."
Section 14. Said Act is further amended by striking Section 6.14 in its entirety and inserting in lieu thereof a new Section 6.14 to read as follows:

3328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 6.14-bRun-off Elections. In the event no candidate shall receive a majority of the votes cast, a run-off primary or election shall be held on the fourteenth (14th) day after the day of holding the first primary or election and only electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom."
Section 15. Said Act is further amended by striking Section 6.15 in its entirety and inserting in lieu thereof a new Section 6.15 to read as follows:
"Section 6.15--Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and the Georgia Municipal Election Code as are deemed necessary for the conduct of elections."
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a Bill to amend an Act creating a new charter for the City of LaGrange approved March 8, 1968 (Ga. Laws 1968, p. 2191), as amended; and for other purposes.
This 9th day of January 1980.
J. G. Newman Mayor, City of LaGrange
Georgia, Troup County.

GEORGIA LAWS 1980 SESSION

3329

Personally before the undersigned officer authorized to administer oaths appeared Glen O. Long who, on oath, deposes and says that he is the Publisher of the LaGrange Daily News which is the official organ of Troup County, Georgia, and that the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News on January 11, 18, and 25, 1980.

Isi Glen O. Long, Publisher LaGrange Daily News

Sworn to and subscribed before me, on this the 25th day of January, 1980.

Isi James R. Lewis Notary Public, Troup County, Georgia. My Commission Expires Sept. 12, 1980. (Seal).

Approved March 18, 1980.

RABUN COUNTY g- COMPENSATION OF CLERK OF SUPERIOR COURT.
No. 791 (House Bill No. 1515).
AN ACT
To amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. Laws 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2629), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.

3330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the Superior Court of Rabun County on an annual salary, approved March 3, 1964 (Ga. Laws 1964, p. 2241), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2629), is hereby amended by striking from Section 2 the following:
"$12,000.00",
and inserting in lieu thereof the following:
"$14,500.00",
so that when so amended Section 2 shall read as follows:
"Section 2. The Clerk of the Superior Court of Rabun County shall receive an annual salary of $14,500.00, payable in equal monthly installments from the funds of Rabun County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to revise and amend the salary of the Clerk of Superior Court of Rabun County, Georgia, and for other purposes.
Georgia, Fulton County.

GEORGIA LAWS 1980 SESSION

3331

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Clayton Tribune which is the official organ of Rabun County, on the following dates: December 20, 1979, December 27, 1979 and January 3, 1980.

Is/ Ralph Twiggs Representative, 4th District

Sworn to and subscribed before me, this 16th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

CITY OF CECIL - NEW CHARTER.
No. 792 (House Bill No. 1516).
AN ACT
To provide a new Charter for the City of Cecil in the County of Cook; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to pro-

3332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I INCORPORATION, POWERS
Section 1.1. Incorporation. This Act shall constitute the whole Charter of the City of Cecil, repealing and replacing the charter provided by an Act of the General Assembly, approved August 11, 1914 (Ga. Laws 1914, p. 564), as amended. The City of Cecil, Georgia, in the County of Cook and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Cecil, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
Section 1.2. Corporate Boundaries, (a) The boundaries of the City of Cecil shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Cecil, at all times, shall be shown on a map to be retained permanently in the office of the City Clerk and to be designated: "City of Cecil, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
(c) The City Council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries.

GEORGIA LAWS 1980 SESSION

3333

Section 1.3. Powers and construction, (a) The City shall have all powers possible for a City to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter. The corporate powers of this City may include, but shall not be limited to, the following:
(1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law;
(3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees;
(4) Appropriations and Expenditures. To make appropriations for the government of the City, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City;
(5) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;
(6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City;
(7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

3334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended;
(9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service, to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission;
(11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities, and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be

GEORGIA LAWS 1980 SESSION

3335

acquired by condemnation under section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended;
(13) Sidewalk Maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures;
(15) Planning and Zoning. To provide such comprehensive City planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;
(16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawnshops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way

3336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances;
(19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City;
(21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;
(22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
(24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges;
: (25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, oper-

GEORGIA LAWS 1980 SESSION

3337

ating, maintaining, and extending of a sewage disposal plant and sewage system, and to levy on the users of sewers and the sewage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewage system;
(26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;
r (27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
(28) Jail Sentences. To provide that persons given jail sentences in the City's court shall work out such sentences in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder;
(30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City;
(31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

3338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City;
(33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; 1
(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor;
(35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;
(38) Emergencies. To establish procedures for determining and proclaiming that an emergency1 situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City;
(39) -Urban Redevelopment. To organize and operate an urban redevelopment program.
(40) Public Transportation. To organize such public transportation systems as are deemed beneficial;
(41) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;

GEORGIA LAWS 1980 SESSION

3339

(42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
(b) The powers of this City shall be construed liberally in favor of the City. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this City.
ARTICLE II GOVERNMENT STRUCTURE
Section 2.1. City council creation; composition; number; election. The legislative authority of the government of this City, except as otherwise specifically provided in this charter, shall be vested in a City Council to be composed of a Mayor and five council members. The Mayor and Council members shall be elected in the manner provided by Article V of this charter.
Section 2.2. Terms and Qualification of Office. The members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Council member unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his/her period of service and shall be registered and qualified to vote in the municipal elections of the City.

3340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.3. Vacancy; Filling of; Forfeiture of Office, (a) The office of Mayor or of any Council member shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) A vacancy in the office of Mayor or of any Council member shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this Charter.
(c) The Mayor or any Council member shall forfeit his/her office if he/she:
(1) lacks at any time during his/her term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
(2) willfully and knowingly violates any express prohibition of this charter; or
(3) is convicted of a crime involving moral turpitude.
Section 2.4. Compensation and Expenses. The salaries of the Mayor and Council shall be fixed by said Mayor and Council by ordinance at the first regularly scheduled meeting of the City Council immediately following the regular election held each year except as otherwise limited by the general laws of the State of Georgia. The Mayor and Council of the City shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.
Section 2.5. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he/she was elected.
Section 2.6. Code of Ethics. The Council may enact by ordinances a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City.
Section 2.7. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this

GEORGIA LAWS 1980 SESSION

3341

purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance.
Section 2.8. Organization meeting. The Mayor and City Council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the City clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (Mayor or Council member as the case may be) of this City and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Section 2.9. General Power and Authority of the Council, (a) Except as otherwise provided by law or by this charter the council shall be vested with all the powers of government of this City as provided by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and/or property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. The Council may enforce such ordinances by imposing penalties for the violation thereof.
(c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.10. Chief Executive Officer. The Mayor shall be the chief executive of this City. He/she shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.

3342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.11. Powers and Duties of Mayor. As the chief executive of this City, the Mayor:
(a) shall see that all laws and ordinances of the City are faithfully executed;
(b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council;
(c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter;
(d) shall exercise supervision over all executive and administrative work of the City and to provide for the coordination of administrative activities;
(e) may prepare and submit to the Council a recommended annual operating budget and recommended capital budget;
(f) may submit to the Council at least once a year a statement covering the financial conditions of the City and, from time to time, such other information as the Council may request;
(g) shall recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(h) shall call special meetings of the Council as provided for in section 2.12;
(i) shall approve or disapprove ordinances as provided in section 2.18;
(j) may examine and audit all accounts of the City;
(k) shall require any department or agency of the City to submit written reports whenever he deems it expedient;
(l) shall perform other duties as may be required by general State law, this charter or ordinance.

GEORGIA LAWS 1980 SESSION

3343

Section 2.12. Regular and special meetings, (a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance.
" (b) Special meetings of the City Council may be held on call of the Mayor or two (2) members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to Council members shall not be required if the Mayor and all Council members are present when the special meeting is called. Such notice of any special meeting may be waived by a Council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such Council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) To meet a public emergency affecting life, health, property or public peace, the City Council may convene on call of the Mayor or two (2) Council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty (30) days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) Council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed thirty (30) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.13. Rules of procedure. The City Council shall adopt rules of procedure and order of business consistent with the provi-

3344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Section 2.14. Mayor Pro Tem; Selection; Duties. At the organization meeting the Council shall elect by majority vote from among its members a Mayor Pro Tem who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tem from among its members for any period in which the Mayor Pro Tem is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council.
Section 2.15. Quorum, Voting. The Mayor, or the Mayor Pro Tem, or the acting Mayor, and two (2) Council members shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the City Council shall have the right to request a roll-call vote. The affirmative vote of two (2) Council members shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.16. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "The Council of the City of Cecil hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except by unanimous consent of Council or for emergency ordinances as provided in section 2.12(c). Upon introduction of any ordinance, the Clerk shall, as soon as reasonable, distribute a copy to the Mayor and to each Council member and shall file a reasonable number of copies in the office of the Clerk and at such other public places as the Council may designate.

GEORGIA LAWS 1980 SESSION

3345

Section 2.17. Codes of Technical Regulations, (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.16(b) of this charter for assuring public access to 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 City Clerk pursuant to section 2.1 of this charter.
(b) Copies of any adopted code of technical regulations may be made available by the City Clerk for distribution or for purchase at a reasonable price.
Section 2.18. Signing, Authenticating, Recording, Codification, Printing, (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption.
(b) The Council shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as "The Code of the City of Cecil, Georgia." Copies of the Code may be furnished to all officers, departments, and agencies of the City and shall be made available for purchase by the public at a reasonable price as fixed by the Council.
(c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in

3346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

or additions to codes of technical regulations and other rules and regulations included in the Code.

ARTICLE III ADMINISTRATIVE AFFAIRS

Section 3.1. Administrative and Service Departments. (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City.

(b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority.

(c)

. All appointive officers and d

such compensation as prescribed by Council.

(d) There may be a director of each department or agency who shall be its principal officer. Each director may, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.

(e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision but such shall not be effective unless written notice of such action and the reasons therefor are given to the director involved and the Council. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three (3) Council members.

Section 3.2. Boards, Commissions and Authorities, (a) The Council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall by ordinance establish the composition, period of existence, duties and powers thereof.

GEORGIA LAWS 1980 SESSION

3347

(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law.
(c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Any vacancy on a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law.
(e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor.
(f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council.
;...(g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vicechairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the City, or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City.
Section 3.3. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in

3348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney.
Section 3.4. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct.
Section 3.5. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
Section 3.6. City Accountant. The Council may appoint a City Accountant to perform the duties of an accountant.
Section 3.7. Consolidation of Functions. The Council may consolidate any two (2) or more of the positions of City Clerk, City Tax Collector, and City Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
Section 3.8. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed City officials are not City employees.
Section 3.9. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning:

GEORGIA LAWS 1980 SESSION

3349

(a) the method of employee selection and probationary periods of employment; and
(b) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and
(c) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be affected; and
(d) such dismissal hearings as due process may require; and
(e) such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE IV JUDICIAL BRANCH
Section 4.1. Creation of Municipal Court; Name. There shall be a court to be known as the Municipal Court of the City of Cecil.
Section 4.2. Chief Judge; Associate Judge; Court Personnel, (a) The City Court shall be presided over by a Chief Judge and such part-time, full-time, or standby associate judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the Municipal Court unless he/she shall have obtained the age of 21 years and be a resident of the same judicial circuit as the Municipal Court is located in. Each judge shall also be a duly licensed attorney at law and an active member of the State Bar of Georgia in good standing. All judges shall be appointed by the City Council.
(c) Compensation of the judge or judges of the Municipal Court shall be determined by the City Council who may also remove for cause such judge or judges by a majority vote of the Council.
(d) Before entering on the duties of his/her office, each judge shall take an oath given by the Mayor that he/she will honestly and faithfully discharge the duties of his/her office to the best of his/her

3350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ability without fear, favor, or partiality, which oath shall be entered upon the Council minutes.

(e) The City Clerk shall perform the duties of Clerk of the Municipal Court, and, when required, the City Attorney shall serve as prosecutor in said Court. The City Council shall provide by ordinance for such other personnel as may be required to administer efficiently the business of the Court.

Section 4.3. Terms; jurisdictions; powers, (a) The Municipal Court shall convene at regular intervals as provided by ordinance.

(b) The Municipal Court shall try and punish for violations of all City ordinances.

(c) The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed fifty dollars ($50.00) or three (3) days in jail.

(d) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars ($300.00) or imprisonment for thirty (30) days or both, or to sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding thirty (30) days.

(e) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of State law.

(f)

. The Municipal Court shall ha

and recognizances to insure the presence of those charged with vio-

lations before said Court, and shall have discretionary authority to

accept cash or personal or real property as surety for the appear-

ance of persons charged with violations. Whenever any person shall

give bail for his appearance and shall fail to appear at the time fixed

for trial, his bond shall be forfeited by the judge presiding at such

time, and an execution issued thereon by serving the defendant and

his sureties with a rule nisi, at least two (2) days before a hearing on

the rule nisi. In the event that cash or property is accepted in lieu of

GEORGIA LAWS 1980 SESSION

3351

bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes.
(g) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.
(h) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience in its orders, judgments and sentences; and to administer such oaths as are necessary.
(i) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by general State law.
(j) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City granted by general State laws to Mayor's, recorders and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the superior court of the county from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided that any person who fails to file his appeal within ten (10) days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding.
Section 4.5. Rules for Court. With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court provided, however, the City Council may adopt in part or in toto the

3352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and upon request, a copy shall be furnished to all defendants in Municipal Court proceedings at least 48 hours prior to said proceedings.
Section 4.6. Appointment of Counsel for Indigent. The City Council shall provide by ordinance for appointment of counsel for indigents, or others, as now or hereafter required by law, and shall by such ordinance provide for compensation to be paid to counsel so appointed. The judge of the Municipal Court shall appoint counsel in such cases from among the attorneys at law residing in the county and those i counties adjoining the county, or from among those attorneys at law who have previously consented to serve as appointed counsel in such Court.
ARTICLE V ELECTIONS AND REMOVAL
Section 5.1. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.2. Election of Council and Mayor, (a) For the purpose of electing candidates for Council members, other than the Mayor, each Council position shall be designated by number. Each candidate for election as a Council member shall be required to designate by number which of the five (5) Council posts he/she is seeking for election.
(b) On the first Tuesday of February, 1981, and on said date biennially thereafter, there shall be an election for the Mayor and two (2) Council members. These two (2) Council member posts to be filled by election along with the election of the Mayor shall be Council member posts Nos. one (1) and two (2).
(c) For the purpose of establishing a staggered system for the election of Council members, Council member posts No. three (3), four (4), and five (5) shall be filled for one (1) year terms by election on the first Tuesday of February, 1981. On the first Tuesday of

GEORGIA LAWS 1980 SESSION

3353

February, 1982, and on said date biennially thereafter, there shall be an election for Council member posts three (3), four (4) and five (5).
(d) The terms of office of the Mayor and Council members elected as provided in this section shall begin upon their taking the oath of office as provided for at the organization meeting in Section 2.8 of this charter. The first regular meeting of the Mayor and City Council following each municipal general election for the purpose of organization and administration of the oath as provided in Section 2.8 of this charter shall be on the first Tuesday of March.
Section 5.3. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six (6) months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.4. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels.
Section 5.5. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.6. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed from office for any one (1) or more of the following causes:
(a) incompetence, misfeasance or malfeasance in office;
105--2

3354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(d) knowingly violate any express prohibition of this charter;
(e) abandonment of office or neglect to perform the duties thereof; or
(f) failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.7. Procedure for Removal. Removal of an abovedescribed officer may be accomplished by one (1) of the following methods:
(a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Council to the Superior Court of Cook County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.
(b) By information filed in the Superior Court of Cook County as provided by law.
ARTICLE VI REVENUE AND FINANCE
Section 6.1. Property Tax. The Council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing gov-

GEORGIA LAWS 1980 SESSION

3355

ernmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion.
Section 6.2. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City.
Section 6.3. Occupation and Business Taxes. The Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article.
Section 6.4. Licenses, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates.

3356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.5. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary, or health services, or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees.
Section 6.6. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners, under such terms and conditions as may be prescribed by ordinances. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten (10) percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for City property taxes.
Section 6.7. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City clerk in a registration book to be kept by him/her. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.8. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of the City to govern its local affairs.

GEORGIA LAWS 1980 SESSION

3357

Section 6.9. Collection of Delinquent Taxes and Fees. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.
Section 6.10. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and inter-. ,t as provided by Georgia law governing sales and transfer of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred, or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law.
Section 6.11. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.12. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.

3358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6.13. Short-term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present of future State law.
Section 6.14. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or federal law.
Section 6.15. Preparation of Budgets. The Council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs.
Section 6.16. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies.
Section 6.17. Capital Improvements Budget, (a) The mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, provided that such authorization is passed by majority vote of the membership of the Council.
(b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments

GEORGIA LAWS 1980 SESSION

3359

to the capital improvements budget shall become effective only upon adoption by a vote of the Council.
Section 6.18. 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 Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds of the State or federal governments may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing cost to the public.
Section 6.19. Contracting Procedures. No contract with the City shall be binding on the City unless:
(a) it is in writing;
(b) it is made or authorized by the Council and such approval is entered in the Council minutes.
Section 6.20. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City.
Section 6.21. Sale of City Property, (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law as now or later amended at section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350).
(b) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or

3360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
Section 7.1. Eminent Domain. The Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.
Section 7.2. Official Bonds. The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law.
Section 7.3. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amend each such that a codification as provided by this charter is begun.
Section 7.4. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the Council.

GEORGIA LAWS 1980 SESSION

3361

Section 7.5. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty (60) days before or during which the existing Council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.
Section 7.6. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or office as may be provided by the Council.
Section 7.7. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days or both such fine and imprisonment.
Section 7.8. Construction, (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is not.
(c) The word "City" shall mean the City of Cecil, Georgia.
(d) The word "Council" shall mean the City Council of this City.
(e) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.9. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent

3362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.
Section 7.10. Specific Act Repealed. An Act reincorporating the Town of Cecil in the County of Cook, approved August 11, 1914 (Ga. Laws 1914, p. 564), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.10. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7.11. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to reincorporate the Town of Cecil, Georgia, and provide a new charter for said Town; and for other purposes.
This 4th day of December, 1979.
Henry Bostick Representative, 146th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he/she is Representative from the 146th District, and

GEORGIA LAWS 1980 SESSION

3363

that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Adel News which is the official organ of Cook County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980.

Isl.i Henry Bostick Representative, 146th District

Sworn to and subscribed before me, this 29th day of January, 1980.
/si Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

STATE COURT OF FULTON COUNTY - POSITION OF JUDGE EMERITUS CREATED.
No. 793 (House Bill No. 1517).
AN ACT
To amend an Act approved December 15, 1871, creating the City Court of Atlanta, as amended by an Act approved September 6, 1891, creating the Criminal Court of Atlanta, as amended by an Act approved August 20, 1913, establishing the Municipal Court of the City of Atlanta, as amended by an Act approved July 31, 1925, establishing the Fulton Section of the Municipal Court of Atlanta, as amended by an Act approved February 23, 1935, changing the

3364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
name of the Criminal Court of Atlanta to the Criminal Court of Fulton County, as amended by an Act approved February 23, 1939, changing the name of the Fulton Section of the Municipal Court of Atlanta to the Civil Court of Fulton County, as amended by an Act approved April 9, 1963, creating the Office of Judge Emeritus in the Civil Court of Fulton County, as amended by an Act approved March 24, 1976, combining the Criminal Court of Fulton County and the Civil Court of Fulton County and creating the State Court of Fulton County, as amended, so as to create the position of Judge Emeritus of the State Court of Fulton County; to provide for his compensation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created the position of Judge Emeritus of the State Court of Fulton County. The judge emeritus, when acting as a judge of the court, shall have all the powers, duties and responsibilities attached to the position of judge of said court.
Section 2. Every judge heretofore retired as a judge of the Civil Court of Fulton County or as a judge of the Criminal Court of Fulton County or as a judge of the State Court of Fulton County or who may hereafter retire as a judge of the State Court of Fulton County shall automatically become a judge emeritus of the State Court of Fulton County. His designation as a judge emeritus shall in no way affect his pension or retirement rights. The compensation hereafter provided shall be in addition to any pension or retirement pay which the judge receives or is entitled to receive.
Section 3. The Chief Judge of the State Court of Fulton County in consultation with the judges and the solicitor general of said court may call upon one or more judges emeritus to serve as active judges of the court for such period or periods of time as appropriate and necessary for disposing of the court's business and assign the particular duties of an acting judge or judges as described herein and designate the place either in the courthouse or at a courthouse annex where said judge or judges shall preside as an active judge. The chief judge of said court shall cause a proper order designating the said judge or judges as an active judge of said court, describing the period of time within which a judge emeritus shall preside as an active judge, with a certificate executed by said judge emeritus that he accepts an assignment as an active judge of said court and cause the same to be entered upon the minutes of said court.

GEORGIA LAWS 1980 SESSION

3365

Section 4. For each day of actual service by a judge emeritus, payment of not less than $100.00 per day shall be paid from the county treasury.
Section 5. The acceptance of an assignment by a judge emeritus to serve as an active judge shall in no way interfere with the right of the retired judge to practice law, except he may not practice law nor have a case pending in the State Court of Fulton County. If the judge emeritus of the court desires to practice law in the court, he must file with the clerk of said court a declaration and notice that he declines to act as an active judge of the court. A judge who files a declaration declining to act as an active judge of said court shall not thereafter be assigned to hear and try cases in said court. If a judge emeritus of said court should after filing such declaration decide to be available to serve as an active judge, as described in Section 3 hereof, he shall at least six months prior to serving as an active judge have filed a certificate in which he shall certify that he desires to be available to serve as an active judge when called upon to do so and that he has no cases pending in said court. During any such time that a judge emeritus is eligible to serve as an active judge of said court, he shall not practice law in said court.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an act establishing a Municipal Court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913, (Ga.L. 1913, p. 145); and for other purposes.
This 10th day of January, 1980.
John Tye Ferguson Associate County Attorney Fulton County

3366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther Colbert who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18, 25, 1980.
,/s/ Luther Colbert Representative, 23rd District
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3367

TROUP COUNTY - CORONER'S SALARY.
No. 794 (House Bill No. 1518).
AN ACT
To amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), is hereby amended by striking from Section 1 thereof the following:
"$2,088",
and substituting in lieu thereof the following:
"$2,192.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The Coroner of Troup County shall be compensated by salary as hereinafter set out. The coroner shall receive a salary of $2,192.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

3368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3214), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4113), so as to change the salary of the coroner; and for other purposes.
Is/ V. Hawley Smity Chairman, Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 25, 1980.
Is/ J. Crawford Ware Representative, 68th District

GEORGIA LAWS 1980 SESSION

3369

Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State , at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

TROUP COUNTY - SMALL CLAIMS COURT JUDGE'S SALARY.
No. 795 (House Bill No. 1519).
AN ACT
To amend an Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), is hereby amended by striking from Section 8 thereof the following:

3370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$13,740",
and substituting in lieu thereof the following:
"$14,427.00",
so that when so amended Section 8 shall read as follows:
"Section 8. The judge of said court shall receive a salary in the amount of $14,427.00 per annum, which said salary shall be paid biweekly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Board of Commissioners of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. The salary of said judge shall not be diminished during his term of office."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; and for other purposes.
V. Hawley Smith Chairman, Troup County Board of Commissioners

GEORGIA LAWS 1980 SESSION

3371

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 25, 1980.

Is/ J. Crawford Ware Representative, 68th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY - COMPENSATION OF NAMED COUNTY OFFICERS.
No. 796 (House Bill No. 1520).
AN ACT
To amend an Act providing compensation for specified officers in Troup County, approved February 12, 1962 (Ga. Laws 1962, p. 1093), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101feso as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing compensation for specified officers in Troup County, approved February 12, 1962 (Ga. Laws 1962, p. 1093), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101), is hereby amended by striking from Section 3 thereof the following:
"$20,334.00",
and substituting in lieu thereof the following:
"$24,360.00",
so that when so amended Section 3 shall read as follows:
"Section 3. The Sheriff of Troup County shall be compensated in the amount of $24,360.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court."

GEORGIA LAWS 1980 SESSION

3373

Section 2. Said Act is further amended by striking from Section 4 thereof the following:
"$19,476.00",
and substituting in lieu thereof the following:
"$20,450.00",
so that when so amended Section 4 shall read as follows:
"Section 4. The Clerk of the Superior Court of Troup County shall be compensated in the amount of $20,450.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. This amount includes the sum of $1,284.00 for serving as clerk of the State court and shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex officio clerk of any court or in any other capacity."
Section 3. Said Act is further amended by striking from Section 5 thereof the following:
"$17,124.00",
and substituting in lieu thereof the following:
"$18,910.00",
so that when so amended Section 5 shall read as follows:
"Section 5. The Tax Commissioner of Troup County shall be compensated in the amount of $18,910.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. Said compensation shall be in full payment for all services for receiving and collecting taxes due the State, county, or any other subdivision and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source."
Section 4. Said Act is further amended by striking from Section 6 thereof the following:

3374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$17,976.00",
and substituting in lieu thereof the following:
"$18,875.00",
so that when so amended Section 6 shall read as follows:
"Section 6. The Judge of the Probate Court of Troup County shall be compensated in the amount of $18,875.00 per annum, to be paid in equal biweekly installments from the funds of Troup County. This amount shall include the sum of $642.00 for holding elections and shall cover all services of such official and said official shall receive no other fees or remuneration for his services."
Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing compensation for specified officers in Troup County, approved February 12, 1962 (Ga. Laws 1962, p. 2093), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4101), so as to change the salary of the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court; and for other purposes.
V. Hawley Smith Chairman, Troup County Board of Commissioners

GEORGIA LAWS 1980 SESSION

3375

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18,25, 1980.

Is! J. Crawford Ware Representative,
68th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires- Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF TROUP COUNTY - COMPENSATION OF JUDGE AND SOLICITOR.
No. 797 (House Bill No. 1521).
AN ACT
To amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), so as to change the salary of the judge and of the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), is hereby amended by striking from the second paragraph of Section 5 the following:
"$18,354.00",
and inserting in lieu thereof the following:
"$19,272.00",
so that when so amended Section 5 shall read as follows:
"Section 5. Judge; Qualifications; Oath; Salary. Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-

GEORGIA LAWS 1980 SESSION

3377

five years of age; he must also have been a resident of Troup County for two years immediately preceding his election, and must have been a practicing attorney for at least two years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the State Court of Troup County, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God.' And said oath shall be forwarded to the Governor and filed in the executive department.
The salary of the Judge of the State Court of Troup County shall be $19,272.00 per annum, which said salary shall be paid biweekly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the governing authority of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. Said judge shall be hereby prohibited from practicing law in any of the courts of Troup County, Georgia."
Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the following:
"$12,252.00",
and inserting in lieu thereof the following:
"$12,865.00",
so that when so amended, the fourth paragraph of Section 6 shall read as follows:
"The salary of the Solicitor of the State Court of Troup County shall be $12,865.00 per annum, for prosecution of all criminal cases, which said salary shall be paid biweekly in equal installments from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the governing authority of Troup County, Georgia, to make provisions annually in levying taxes for this purpose."

3378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), an Act approved March 13, 1978 (Ga. Laws 1978, p. 3211), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4109), so as to change the salary of the judge and of the solicitor; and for other purposes.
V. Hawley Smith Chairman, Troup County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, ]. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 11, 18, 27, 1980.

GEORGIA LAWS 1980 SESSION

3379

Isl J. Crawford Ware Representative, 68th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3216), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4106), so as to change the salary of the judge; and for other purposes.
V. Hawley Smith Chairman, Troup County Board of Commissioners
Georgia, Troup County.
Before me personally appeared Glen O. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State.
Deponent further saith that the following notice attached hereto has been published in said LaGrange Daily News, to-wit: January 11,

3380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1980, January 18, 1980, January 25, 1980 being publications of said notice and petition, issued on dates aforesaid respectively.
Isi Glen O. Long Publisher
Sworn to and subscribed before me, this 30th day of January 1980.
Is/ Thelma A. Ledford Notary Public, Troup County. (Seal).
Approved March 18, 1980.
SUMTER COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 798 (House Bill No. 1524).
AN ACT
To amend an Act creating and establishing a small claims court in and for Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3194), so as to change the provisions relating to service of process; to change the provisions relating to certain fees; to change the terms of office of judges of such court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a small claims court in and for Sumter County, approved April 4, 1979 (Ga. Laws 1979, p. 3 194), is hereby amended by striking in its entirety subsection (a) of Section 6 and inserting in lieu thereof a new subsection (a) to read as follows:

GEORGIA LAWS 1980 SESSION

3381

"(a) (1) A copy, of the verified statement of claim, together with a notice that an answer to the claim must be filed with the judge of the small claims court, shall be served on the defendant and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, by registered or certified mail, or by any person not a party to or otherwise interested in the suit who is specially appointed by the judge of said court for that purpose.
(2) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification, and the notice in an envelope addressed to the defendant at his or her last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked `unclaimed' or `refused,' giving the date of attempts at delivery or the date of refusal and such notation is signed or initialed by a United States postal employee or United States mail carrier by whom attempts at delivery were made or to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim or otherwise file it as a part of the record in the case; and it shall be prima facie evidence of service upon the defendant. "
Section 2. Said Act is further amended by striking from subsection (d) of Section 6 the following:
"$8.00",
and inserting in lieu thereof the following:
"$10.00",
so that when so amended subsection (d) shall read as follows:

3382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(d) When served as provided, the cost of service shall be $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 3. Said Act is further amended by striking from Section 18 the figure "1982" and inserting in lieu thereof the figure "1983" and by striking therefrom the word "two" and inserting in lieu thereof the word "four", so that when so amended Section 18 shall read as follows:
"Section 18. On or as soon as practicable after the effective date of this Act, the Governor shall appoint a person qualified as provided in Section 2 hereof to serve as judge of said court until January J, 1983, and until his successor is qualified. Thereafter, such judge shall be appointed by the Governor, each such judge to serve a term of four years and until his successor is qualified."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a Small Claims Court in and for Sumter County, approved April 4, 1979 (Ga. L. 1979, p. 3194) so as to specify that the term of the Judge of said Court shall be four (4) years; so as to amend provision relating to service of process; so as to provide that the fee for service of process shall be the same as that charged by the Sheriff of Sumter County; and for other purposes.
This 11th day of January, 1980.
Hugh Carter Senator, 14th District

GEORGIA LAWS 1980 SESSION

3383

Don Castleberry Representative, 111th District Bill Murray Representative, 116th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 12, January 18, January 25, 1980.

ls/': William Murray Representative, 116th District

Sworn to and subscribed before me, this 29th day of January, 1980.

Isl Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).

Approved March 18, 1980.

3384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUMTER COUNTY B COMPENSATION OF EMPLOYEES OF CLERK OF COURTS.
No. 799 (House Bill No. 1525).
AN ACT
To amend an Act abolishing the fee system of compensating the clerk of the Superior Court and the clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3560), so as to change the compensation of the deputy clerks; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the clerk of the Superior Court and the clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3560), is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows;
"Section 7. The governing authority of Sumter County shall determine the compensation of the employees of the clerk of the courts, which compensation shall be paid in equal monthly or semimonthly payments from the funds of Sumter County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act abolishing the fee system of compensating the Clerk of the

GEORGIA LAWS 1980 SESSION

3385

Superior Court and the Clerk of the State Court of Sumter County, Georgia, and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended, so as to provide that the salaries of the employees of the Clerk of the Superior Court of Sumter County and of the Clerk of the State Court of Sumter County, as enumerated therein, shall be fixed by the governing authority of Sumter County, as in the case of every other employee of Sumter County; and for other purposes.

This 11th day of January 1980.

Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray, Representative, 116th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 12, January 18, January 25, 1980.

Isl William Murray
Representative, 116th District

106--2

3386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 29th day of January, 1980.
Is/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 18, 1980.
SUMTER COUNTY - COMPENSATION OF TAX COMMISSIONER.
No. 800 (House Bill No. 1526).
AN ACT
To amend an Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of tax commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), so as to change the compensation provisions relating to the tax commissioner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of tax receiver and tax collector of Sumter County into the one office of tax commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:

GEORGIA LAWS 1980 SESSION

3387

"Section 10. (a) The compensation of the tax commissioner shall not exceed $7,999.00 per annum, the exact amount to be fixed by the Board of Commissioners of Sumter County, payable in equal monthly installments out of the general funds of Sumter County.
(b) After November 1, 1979, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held in trust as public funds belonging to Sumter County. On or before the fifteenth of each month, the tax commissioner shall turn over to the fiscal authority of said county all funds belonging to the county collected by him in the preceding month with a detailed statement showing the sources from which such funds were collected. It is specifically provided that the compensation of the tax commissioner provided herein shall be in addition to all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the sale of motor vehicle license plates by local officials as agents of the State Revenue Commissioner, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, and an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. Provided, however, the tax commissioner shall only be allowed to retain commissions sufficient to increase his total compensation to $18,500.00 per annum. Any excess commissions collected by the tax commissioner shall be remitted to the fiscal authority of said county as provided herein."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into an office of Tax Commissioner, approved August 16, 1925 (Ga. L. 1925, p. 744), as amended, so as to change the compensation of the Tax Commissioner to provide that the

3388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary of the Tax Commissioner from all sources, including commissions, shall not exceed the sum of $18,500.00, and for other purposes.
This 11th day of January, 1980.
Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 12, January 18, January 25, 1980.
Is/ : William Murray Representative, 116th District

GEORGIA LAWS 1980 SESSION

3389

Sworn to and subscribed before me, this 29th day of January, 1980.
Is/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 18, 1980.

STATE COURT OF BULLOCH COUNTYCOMPENSATION OF JUDGE AND SOLICITOR.
No. 802 (House Bill No. 1545).
AN ACT
To amend an Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3497) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3764), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Bulloch County, approved August 10, 1903 (Ga. Laws 1903, p. 153), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3497) and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3764), is hereby amended by striking from Section 2 the following:

3390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$8,000",
and substituting in lieu thereof the following:
"$11,000.00",
so that when so amended Section 2 shall read as follows:
"Section 2. Be it enacted by the authority aforesaid, that there shall be a Judge of the State Court of Bulloch County, whose term of office beginning January 1, 1951, will be for a term of six (6) years, ending December 31, 1956, and each term thereafter shall be for a term of four (4) years, and whose election and qualifications shall be and remain as now fixed by law, and who shall receive a salary of $11,000.00 per annum, which shall be paid to him monthly by the treasurer of the County of Bulloch, or other proper authorities having charge of said county funds, and it shall be the duty of the board of commissioners of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own."
Section 2. Said Act is further amended by striking from that sentence of Section 4, pertaining to the salary of the solicitor, the following:
"$7,200",
and substituting in lieu thereof the following:
"$9,000.00",
so that when so amended, said sentence shall read as follows:
"The salary of said solicitor shall be the sum of $9,000.00 per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of $9,000.00 per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures, and insolvent costs."

GEORGIA LAWS 1980 SESSION

3391

Section 3. This Act shall become effective on January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice to the Public.
The public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of Judge of State Court of Bulloch County, Georgia, and for Solicitor of said Court.
It is contemplated that the changes in compensation will be an increase for the offices concerned, to be effective on the first day of January, 1981.
This January 9, 1980.
W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District,

3392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980.
Isl W. Jones Lane Representative, 81st District
Sworn to and subscribed before me, this 30th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
BULLOCH COUNTY - COMPENSATION OF DEPUTY SHERIFFS, ETC.
No. 803 (House Bill No. 1546).
AN ACT
To amend an Act placing the Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 1 1, 1977 (Ga. Laws 1977, p. 3161) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3622), so as to change the compensation of the sheriff's deputies and office clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3393

Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3161) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3622), is hereby amended by striking subsection (a) of Section 3 thereof in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 to read as follows:
"(a) The Sheriff of Bulloch County shall be authorized to employ one chief deputy who shall be compensated in the amount of $12,120.00 per annum, one junior deputy who shall be compensated in the amount of $10,800.00 per annum, and one office clerk who shall be compensated in the amount of $7,800.00 per annum. The salary of each such deputy and of the clerk shall be paid in equal monthly installments from the funds of Bulloch County. Said deputies shall be of the male sex and shall be capable arresting officers."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice to the Public.
This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.

3394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This January 9, 1980.
W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W.Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980.
Isl W. Jones Lane Representative, 81st District

GEORGIA LAWS 1980 SESSION

3395

Sworn to and subscribed before me, this 30th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

BULLOCH COUNTY - COMPENSATION OF BOARD OF COMMISSIONERS' CLERICAL ASSISTANTS.
No. 804 (House Bill No. 1547).
AN ACT
To amend an Act creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3653), so as to change the provisions relative to the compensation of the clerical assistants; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3653), is hereby amended by striking subsection (b) of Section 2 thereof in its entirety and substituting in lieu thereof a new subsection (b) of Section 2 to read as follows:

3396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(b) The chairman and clerk of said board is hereby authorized to employ an assistant clerk, who may be compensated in an amount not to exceed $9,720.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $8,520.00 per annum. The compensation of such personnel shall be paid in equal monthly installments from the funds of Bulloch County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice to the Public.
This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
This January 9, 1980.
W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District

GEORGIA LAWS 1980 SESSION

3397

Joseph E. Kennedy Georgia State Senate, 4th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18,25, 1980.

Is/ W. Jones Lane Representative, 81st District

Sworn to and subscribed before me, this 30th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BULLOCH COUNTY -- COMPENSATION OF PROBATE COURT CLERICAL EMPLOYEES.
No. 805 (House Bill No. 1548).
AN ACT
To amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3632), so as to change the compensation of the clerical employee of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3632), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The judge of the probate court may appoint a clerical assistant to be compensated in an amount not to exceed $7,800.00 per annum. The assistant shall be compensated out of funds of Bulloch County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3399

Notice to the Public.

This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.

This January 9, 1980.

W. Jones Lane
Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11, 18, 25, 1980.

3400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Is/ W. Jones Lane Representative, 81st District
Sworn to and subscribed before me, this 30th day of January, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
BULLOCH COUNTY - COMPENSATION OF EMPLOYEES OF CLERK OF SUPERIOR COURT.
No. 806 (House Bill No. 1549).
AN ACT
To amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3754) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3630), so as to change the compensation of the clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act

GEORGIA LAWS 1980 SESSION

3401

approved March 31, 1976 (Ga. Laws 1976, p. 3754) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3630), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The Clerk of the Superior Court of Bulloch County shall be authorized to employ a deputy clerk and to fix his compensation at a figure not to exceed $8,520.00 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $7,800.00 per annum. Said salaries shall be paid in equal monthly installments from the funds of Bulloch County.
(b) The clerk shall be further authorized to employ a typist and to fix her compensation at a figure not to exceed $7,200.00 per annum, such salary to be paid in equal monthly installments from the funds of Bulloch County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice to the Public.
This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.

3402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This January 9, 1980.
W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District Joseph E. Kennedy Georgia State Senate, 4th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 11,18, 25, 1980.
Is/ W. Jones Lane Representative, 81st District

GEORGIA LAWS 1980 SESSION

3403

Sworn to and subscribed before me, this 30th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

BULLOCH COUNTY - COMPENSATION OF TAX COMMISSIONER'S ASSISTANTS.
No. 807 (House Bill No. 1550).
AN ACT
To amend an Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3627), so as to change the compensation of the tax commissioner's assistants; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3627), is hereby amended by striking Section 8A thereof in its entirety and substituting in lieu thereof a new Section 8A to read as follows:

3404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 8A. The tax commissioner is hereby authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $8,520.00 per annum, the second such assistant shall receive a salary not to exceed $7,800.00 per annum, and the third such assistant shall receive a salary not to exceed $7,200.00 per annum. Such salaries shall be payable in equal monthly installments from the funds of Bulloch County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice to the Public.
This public is notified that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to provide for changes in compensation of personnel in certain county offices as follows: County Commissioner's Office; Sheriff's Office; Probate Judge's Office; Tax Commissioner's Office; and Office of the Clerk of Bulloch Superior Court.
It is contemplated that the changes in compensation Will be an increase for those concerned, to be effective on the first day of the month following approval by the Governor of Georgia.
This January 9, 1980.
W. Jones Lane Georgia House of Representatives, 81st District Paul E. Nessmith, Sr. Georgia House of Representatives, 82nd District

GEORGIA LAWS 1980 SESSION

3405

Joseph E. Kennedy Georgia State Senate, 4th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Statesboro Herald which is the official organ of Bulloch County, on the following dates: January
11, 18,25, 1980.

Is/ W. Jones Lane Representative,
81st District

Sworn to and subscribed before me, this 30th day of January, 1980.

Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CONTRIBUTIONS OF PUBLIC FUNDS FOR CHARITABLE PURPOSES IN CERTAIN COUNTIES (550,000 OR MORE).
No. 808 (House Bill No. 1551).
AN ACT
To authorize the Governing Authorities of certain counties of this State to appropriate money for, and to make grants or contributions to any corporation, association, institution or individual for purely charitable purposes conducted within such county; to provide that such counties are authorized to establish councils or boards to establish procedures by which such grants and contributions are made and to advise the Governing Authorities of such counties generally with respect to such grants and contributions; to provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In all counties of this State having a population in excess of 550,000 according to the 1970 United States Census, or any such future census, the governing authorities of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution.
Section 2. In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this State may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions.
Section 3. This Act shall become effective when it is approved by the Governor or otherwise becomes the law.

GEORGIA LAWS 1980 SESSION

3407

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.

ETOWAH WATER AND SEWER AUTHORITY ACT.
No. 809 (House Bill No. 1565).
AN ACT
To create the Etowah Water and Sewer Authority; to authorize the Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize the Authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of members of the Authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Dawson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the

3408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for revenue and jurisdiction of certain actions; to provide for the validation of bonds; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "ETOWAH WATER and SEWER ACT."
Section 2. Etowah Water and Sewer Authority, (a) There is hereby created a body corporate and politic, to be known as the "Etowah Water and Sewer Authority", which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts by law and equity. The Authority shall have perpetual existence.
(b) ; The Authority shall consist of five members. The following persons are hereby designated and appointed as members of the Etowah Water and Sewer Authority:
(1) Mr. Don D. Gordon, who shall hold an initial term of office expiring on March 31, 1985;
(2) Mr. Frank C. Roberts, who shall hold an initial term of office expiring on March 31,1984;
(3) Mr. E. George David, who shall hold an initial term of office expiring on March 31, 1983;
(4) Mr. Ben Overstreet who shall hold an initial term of office expiring on March 3 1, 1982; and
(5) Mr. G. William Jessee, Sr. who shall hold an initial term of office expiring on March 31, 1981.
The initial members of the Authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors

GEORGIA LAWS 1980 SESSION

3409

are duly elected and qualified. During the month of March, 1981, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies and organizations who use the facilities of the Authority shall be called by the Authority for the purpose of electing successors to those members whose terms expire in such year. Said meeting shall be called and conducted as hereinafter prescribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of his office on March 31 immediately following his election and shall serve for a term of office of five years and until his successor is duly elected and qualified. Members of the Authority shall serve without compensation but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the Authority.
(c) To be eligible for election as a member of the Authority a person shall be at least 21 years of age, a resident of Dawson County for at least two years prior to the date of his election, shall not have been convicted of a felony and at the time of election, shall be a user of the facilities of the Authority. The provisions of this subsection shall not apply to the initial members of the Authority appointed under the provisions of this Section.
(d) The members of the Authority shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the Authority. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the Authority shall not be entitled to vote upon any issue, motion of resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question.
(e) Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority.
(f) In the event of a vacancy by reason of death, disqualification, resignation or other reason, the remaining members of the Authority shall elect, by majority vote, a qualified person to fill the

3410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the Authority who is convicted of a felony, who moves his residence from Dawson County, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Dawson County Grand Jury, acting in its sole discretion. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the Authority shall elect, by majority vote, a duly qualified person as a member of the Authority to serve until the next annual meeting of the users.
(g) Annual meetings of the users of the facilities of the Authority shall be held in March of each year. Such annual meeting shall be called by the Authority, after notice thereof has been published in the newspaper in Dawson County in which the sheriff's advertisements are published, at least ten days prior to the date of such meeting. The Authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections.
(h) The Authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the Authority for public inspection.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the Etowah Water and Sewer Authority.
(b) The word "project" shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or without the territorial boundaries of Dawson County, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Dawson County and the operation, maintenance,

GEORGIA LAWS 1980 SESSION

3411

additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. The word "project" shall also mean and include the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Dawson County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the Authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system.
(c) The term "cost of the project" shall mean and embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the 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 herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) The term "revenue bonds" and "bonds" as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "selfliquidating" if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving or extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.

3412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Powers. The Authority shall have the power:
(a) To have a seal and alter the same at its pleasure;
(b) To acquire by purchase, lease or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes;
(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of, the same in any manner it deems to the best advantage of the Authority. In any condemnation proceedings, such orders may be made by the court having jurisdiction of suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. 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 of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State title to such lands to the Authority upon payment of the reasonable value of such lands to the director, Fiscal Division, Department of Administrative Services for the credit of the general fund of the State. Such value shall be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority;
(d) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction or projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms and corporations and any and all political subdivi-

GEORGIA LAWS 1980 SESSION

3413

sions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the Authority to such municipal corporations and counties or for the purchase of water by the Authority therefrom for a term not exceeding fifty (50) years;
(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or grants from the United States of America or any agency or instrumentality thereof;
(g) To accept loans and/or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such Agency or instrumentality may require;
(h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(i) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this State; and
(j) To do all things necessary or convenient to carry out the ipowers expressly given in this Act.
Section 5. Revenue bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall (have the power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable reveVnue bonds of the Authority, in a sum not to exceed four million

3414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dollars ($4,000,000) outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding nine per cent (9%) per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds.
Section 6. Same; form; 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 principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds; such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be fixed thereto and attached by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

GEORGIA LAWS 1980 SESSION

3415

Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this State. Such bonds and the income thereof shall be exempt from all taxation within the State.
Section 9. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than nine percent (9%) per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bond prior to maturity.
Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund, hereinafter provided, for the payment of principal and interest of such bonds.
Section 11. Same; interim receipts and certificates of temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.

3416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 13. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Dawson County one time within a week of its being adopted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Dawson County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
Section 15. Same; trust indenture as security. In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervisions and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds

GEORGIA LAWS 1980 SESSION

3417

issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 16. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 17. Same; sinking funds. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds not pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution of trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use 107--2

3418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be peformed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 19. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Dawson County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be

GEORGIA LAWS 1980 SESSION

3419

brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the water system for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Etowah Water and Sewer Authority.
Section 22. Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties of existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the same of revenue bonds, as grants, or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

3420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. Purpose of the Authority. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the various townships and citizens in Dawson County and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not exist water distribution systems or furnishing sewer facilities to such consumers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
The Authority shall also have authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity.
The Authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of the above referred to water districts or municipalities.
Section 25. Rates, charges and revenues; use. The Authority is hereby authorized to prescribe, fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertakings or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewer utility system, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made.
Section 26. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations

GEORGIA LAWS 1980 SESSION

3421

for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished.
Section 27. Powers declared supplemental and additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.
Section 29. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences,clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 30. Effect on other governments. This Act does not in any way take from Dawson County or any municipality located therein or any adjoining county the authority to own, operate and maintain water or sewer systems or issue revenue certificates as is provided by the Revenue Bond Law of Georgia.
Section 31. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Passage of Local Bill.
Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, local Legislation which

3422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
local legislation consists of a bill to create the Etowah Water and Sewer Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize such Authority to acquire, construct, operate and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of the members of the Authority and their tenure in office and compensation; to authorize the Authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and to pay the costs of such undertakings or projects and authorize the collection and pledging of revenues and earnings of the Authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Dawson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of sections relating to any provision of this Act; and to provide that such bonds be validated; to provide for separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes.
This 31st day of December, 1979.
William G. Hasty, Sr. State Representative
Georgia, Fulton County.

GEORGIA LAWS 1980 SESSION

3423

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William G. Hasty, Sr. who, on oath, deposes and says that he/she is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 3, 10, 17, 1980.

Is/ William G. Hasty, Sr. Representative, 8th District

Sworn to and subscribed before me, this 31st day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

TALBOT COUNTY - DEPUTY SHERIFFS.
No. 810 (House Bill No. 1573).
AN ACT
To amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2869), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3669), so as to provide for full-time and part-time deputies and their compensation; to repeal conflicting laws; and for other purposes.

3424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2869), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3669), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows:
"Section 2. In addition to the salary provided for the sheriff in section 1, the governing authority of Talbot County shall pay all costs of feeding prisoners in the county jail; salaries of deputies; expenses of providing, operating and maintaining automobiles and all other equipment, material, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of Sheriff and Jailer of Talbot County. The sheriff shall select and appoint all deputies and fix their compensation at the rate of not less than $200.00 per month and not more than $600.00 per month.",
and inserting in lieu thereof the following:
"Section 2. In addition to the salary provided for the sheriff in Section 1, the governing authority of Talbot County shall pay all costs of feeding prisoners in the county jail; salaries of deputies; expenses of providing, operating and maintaining automobiles and all other equipment, material, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of Sheriff and Jailer of Talbot County. The sheriff shall select and appoint all deputies and fix their individual compensation within the limits hereafter provided. The total compensation paid to all deputies, both full time and part time, shall not exceed $3,000.00 per month. The sheriff shall fix the compensation of each full-time deputy at a rate of not less than $600.00 per month and not more than $1,000.00 per month and shall fix tbe compensation of each part-time deputy at a rate not to exceed $1,000.00 per month and commensurate with the time such part-time deputy devotes to duties as deputy."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3425

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Talbot County on an annual salary approved March 30, 1965 (Ga. Laws 1965, p. 2869) as amended, so as to change the compensation of the deputy sheriffs; to provide for full-time deputy sheriffs, and for a maximun number of deputy sheriffs; and for other purposes.

This 28th day of December, 1979.

Claude A. Bray, Jr. Representative, 70th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in The Talbotton New Era which is the official organ of Talbot County, on the following dates: January 4, 11, 18, 1980.

Isl Claude A. Bray, Jr. Representative, 70th District

3426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 31st day of January, 1980.
Isl. Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
TOWN OF OAK PARK - CHARTER AMENDED. No. 811 (House Bill No. 1597). AN ACT
To amend an Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), so as to change the corporate limits of said town; to change the terms of office of the mayor and aldermen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section I. An Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. Be it further enacted that the corporate limits of said town shall be as follows: One mile in all directions from the center of the intersection of U. S. Highway No. 1, also known as Main Street, and North Railroad Avenue."

GEORGIA LAWS 1980 SESSION

3427

Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Be it further enacted that on the first Tuesday in October, 1980, and biennially on the same day in each even-numbered year thereafter, an election shall be conducted in the Town of Oak Park for mayor and aldermen, whose terms of office shall begin immediately upon their qualification. All elections shall be held and conducted in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as the same now exists or may hereafter be amended. The certificate of the superintendent shall be sufficient authority for the officers elected to enter upon the discharge of their duties. The mayor and each alderman shall serve for terms of office of two years and until their successors are duly elected and qualified. In the event of a vacancy during the term of office of the mayor and aldermen, the majority of the remaining members of the mayor and aldermen shall have the right to fill the vacancy until the next election."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Oak Park, approved July 18, 1929 (Ga. Laws 1929, p. 1241), so as to change the corporate limits of said town; to change the term of office of the mayor and alderman; and for other purposes.
This 14th day of January, 1980.
Larry D. Strange, Mayor Town of Oak Park

3428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he/she is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Swainsboro Forest-Blade which is the official organ of Emanuel County, on the following dates: January 16, 23, 30, 1980.
Isl Randolph C. Karrh Representative, 106th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3429

OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT.
No. 812 (House Bill No. 1598).
AN ACT
To create the Oconee County Public Utility Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and the construction, maintenance and operation of sewerage treatment facilities and other related facilities (including garbage pickup and disposal) to individuals, public and private corporations and municipal corporations; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to provide for filling vacancies; to provide for removal of members; to authorize the Authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to authorize said Authority to establish a sewer system or systems in said county so as to vest in the Oconee County Public Utility Authority the same, powers, jurisdiction and authority it has by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a Sewerage system or systems as it may have to establish, operate and maintain a water system; to provide that any water or sewerage facilities that are constructed shall take into consideration the adopted planning policy of Oconee County; to provide that no debt of Oconee County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated;

3430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to require that contractors shall give bond; to provide for competitive bidding on contracts; to provide that members of the Authority not be interested in contracts; to provide for financial statements and audit reports; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title. This Act may be cited as the "Oconee County Public Utility Authority Act".
Section 2. Oconee County Public Utility Authority. There is hereby created a body corporate and politic, to be known as the Oconee County Public Utility Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members. The council of the town of Watkinsville, and the Board of Commissioners of Oconee County shall appoint two members each. The remaining one member shall be appointed by the four previously selected by the council of Watkinsville and Board of Commissioners of Oconee County. No member of the Board of Commissioners of Oconee County or the Council of Watkinsville shall be eligible for appointment to and service on said Authority. Members of the Authority shall be appointed for initial terms as follows: one member shall serve for an initial term of one year, one for an initial term of two years, one for an initial term of three years, one for an initial term of four years, and one member shall serve for an initial term of five years, and thereafter the term of office shall be for a period of five years, and until their successors are appointed and qualified. Three members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a Chairman and a Vice Chairman of the Authority from among the members thereof and shall also elect a Secretary-Treasurer who need not be a member of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of six hundred (600.00) dollars per annum, payable monthly, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

GEORGIA LAWS 1980 SESSION

3431

Section 3. Vacancies. In the event of vacancy in the membership of the Authority by reason of death, cause, resignation or disability, said vacancy shall be filled by the remaining members of the Authority.
Section 4. Removal of Members. The Authority may remove any members appointed to it for cause. No member of the Authority shall be removed unless he has been given a copy of the charges against him and an opportunity to be publicly heard in his own defense in person or by counsel with at least ten (10) days written notice. A member removed from office shall have the right of judicial review of his removal by an appeal to the Superior Court of Oconee County but only on the ground of error of law or abuse of discretion. In case of an abandonment of his office, conviction of a crime involving moral turpitude or a plea of nolo contendere thereto, the office of such member shall be declared vacant by the Authority. A member shall be deemed to have abandoned his office upon failure to attend any regular, or special meeting of the Authority for a period of three months without excuse approved by a resolution of the Authority.
Section 5. Definitions. As used in this Act the following words and terms shall have the following meanings:
(a) The word "Authority" shall mean the Oconee County Public Utility Authority created by Section 2 of this Act.
(b) The word "project" shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of Oconee County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. Said term shall also include all necessary and usual facilities for the treatment and disposal of sewerage and the pickup and disposal of garbage in said county.

3432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all 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 determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of 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 revenue bonds issued under the provisions of this Act for such project.
(d) The terms "revenue bonds" and "bonds" as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. Laws 1937, p. 761, as amended), and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate Law and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.
Section 6. Powers. The Authority shall have powers:
(a) To have a seal and alter the same at pleasure;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by con-

GEORGIA LAWS 1980 SESSION

3433

demnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; 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 of Georgia, the Governor is hereby authorized to convey for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasury for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority;
(d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, water and sewerage facilities, garbage pickup, and related services by the

3434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Authority to such municipal corporations and counties, or the furnishing of water, such sewerage facilities, and garbage pickup, and services by municipal corporations, counties, corporations',: or individuals to the Authority for a term not exceeding 50 years;
(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip,' operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America, State of Georgia or any agency or instrumentality thereof;
(g) To accept loans and grants of money or materials or property of any kind from the United States of America, State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the'United States of America,; State of Georgia or such agency or instrumentality may impose;
(h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(j) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 7. Competitive Bidding on Contracts, (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market, and except as hereinafter provided, competitive bids shall be secured before any purchase or sale by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority other than professional services, and the purchase shall be made from, or the contract shall be awarded to, the lowest responsible bidder.

GEORGIA LAWS 1980 SESSION

3435

(b) All purchases, contracts and sales of $ 1,000.00 or more shall be awarded after advertising in the official organ of Oconee County at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or in lieu thereof, the Authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.
(c) Written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases and sales under $1,000.00 but more than $500.00, or, in lieu thereof, the Authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as hereinafter provided.
(d) Purchases of sales under $500.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Authority.
(e) Competitive bidding requirements may be waived if it is determined by the Authority that an emergency directly and immediately affecting customer service or public health, safety or welfare requires immediate delivery of supplies, materials, equipment or services.
' (f) The Authority shall have the right to reject any or all bids, or parts of any or all bids, whenever in the opinion of the Authority such rejection is necessary for the protection of the interests of the Authority. In such cases, the Authority shall readvertise for new bids on the same or different terms.
Section 8. Contractors to Give Bond. Contractors who are awarded contracts by the Authority shall be required to give bond in an amount equal to the amount of the bid, with good security, for the faithful performance of the contract and to indemnify the Authority for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be approved by and filed with the Authority or shall be approved by and filed with such other person as may be designated by the Authority.

3436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. Members of the Authority Not to be Interested in Contracts. The Authority is hereby prohibited from entering into a contract for the purchase of goods, property or service with any member of the Authority, his employer, partner, principal, agent, servant or employee, nor shall the Authority enter into any contract in which any member of the Authority is financially interested, directly or indirectly. Neither shall the Chairman or any member of the Authority, his partner, employer, principal, agent, servant or employee enter into any contract with the Authority, or sell to the Authority any goods, property or service; provided, however, this Section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission. Any contract made in violation of the provisions of this Section shall be void, and any person knowingly offending this Section shall be removed from office as a member of the Authority upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933 relating to the removal of county officers.
Section 10. Revenue Bonds. The Authority, or any authority or body which had or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in a sum not to exceed five million dollars ($5,000,000.00) outstanding at any one time of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

GEORGIA LAWS 1980 SESSION

3437

Section 11. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.
Section 12. Same; Signatures; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 13. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.
Section 14. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, computed with relation to the absolute

3438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
Section 15. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.
Section 16. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 17. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
Section 18. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.

GEORGIA LAWS 1980 SESSION

3439

Section 19. Credit Not Pledged. Revenue Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Oconee County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
Section 20. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust pompany or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may b,e reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem

3440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 21. Same; To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution provided for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 22. Same; Sinking Fund. The Revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies 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 again be issued.

GEORGIA LAWS 1980 SESSION

3441

Section 23. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, Or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 24. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 25. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Oconee County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 26. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for furnishing or receiving the services and facilities of the water and sewerage system for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or

3442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
instrumentality shall be required to show cause, if any, why .such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Oconee County Water Sewerage and Garbage Authority.
Section 27. Same; Interests of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 28. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 29. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the Oconee County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems and where neither any county nor municipality deems it desirable or feasible to furnish water in

GEORGIA LAWS 1980 SESSION

3443

such locality. It is also the general purpose of the Authority to treat and dispose of sewerage and provide the necessary facilities for said purpose, and to pick up and dispose of garbage throughout the area.
Section 30. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewerage utility systems, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.
Section 31. Coordination with the Oconee County Planning Commission. The Authority shall submit to the Oconee County Planning Commission all plans relating to the construction of facilities to provide services for large residential subdivision, commercial centers or industrial plants, so that the Planning Commission will have an opportunity to make comments or recommendations on same.
Section 32. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished.
Section 33. Financial Statements and Audit Reports, (a) The Authority shall establish a fiscal year for its operation, and as soon after the end of each fiscal year as is feasible, the Authority shall cause to be prepared and printed a report and financial statement of the Authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of Oconee County, and additional copies shall be made available for distribution to the general public on written requests therefor.

3444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records and accounts of the Authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement.
(c) Whenever the Authority deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the Authority's facilities and operations from an engineering standpoint and make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of Oconee County and to the governing authority of each municipality located therein, and additional copies shall be made available for distribution to the general public on written requests therefor.
Section 34. Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing.
Section 35. Liberal Construction of Act. This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 36. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 37. Repeal. This Act does not in any way take from Oconee County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia.

GEORGIA LAWS 1980 SESSION

3445

Section 38. General repeal. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that during the regular 1980 Session of the General Assembly of Georgia, a bill will be introduced creating a Public Utility Authority, named as follows: "Oconee Public Utility Authority". The purpose of the proposed Authority is to acquire, construct, operate and maintain water supply and water distribution systems, and create and operate other utilities, for the use and benefit of the residents of Oconee County, Georgia.
James H. Mosbey, Jr. Attorney for the Proposed Oconee Public Utility Authority on behalf of the Oconee County Commissioners and Mayor and Council of Watkinsville
As per the attached "Affidavit of Publication" this is to "Certify" the above is a "True Copy" of the "Notice of Intention to Introduce Local Legislation" as run in the Oconee Enterprise on January 17, 24, 31, 1980.
Roger L. Collins Editor, Carol W. White Notary Public, (Seal).

3446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT OF PUBLICATION
Georgia, Oconee County.
I, Roger L. Collins, being first duly sworn depose and say that I am the editor of the "Oconee Enterprise", a weekly newspaper published at Watkinsville, in Oconee County, State of Georgia, and that the attached "Notice of Intention to Introduce Local Legislation" was printed under the heading of "Legal Notices" and published in said newspaper three consecutive weeks, and that the date of the first publication was January 17, 1980, and the date of the last publication was January 31, 1980.
Roger L. Collins
State of Georgia, County of Oconee:
Before me the undersigned Notary Public, duly commissioned and qualified, this day personally appeared at the place above named Roger L. Collins, who declared that he knew the contents of the foregoing instrument, and acknowledged he signed the same as his own free act and deed.
Witness my hand and seal this 31st day of January, 1980.
Carol W. White Notary Public (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3447

MURRAY COUNTY WATER AND SEWER AUTHORITY ACT.
No. 814 (House Bill No. 1600).
AN ACT
To create the Murray County Water and Sewer Authority; to authorize the authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize the authority to acquire, construct, operate, and maintain sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the authority; to provide for the membership and for the election of members of the authority and their tenure of office, qualifications, duties, powers, method of filling vacancies, and compensation; to authorize the authority to contract with others pertaining to water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Murray County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to authorize the authority to condemn property of every kind; to authorize the issuance of refunding bonds; to provide for venue and jurisdiction of certain actions; to provide for the validation of bonds; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This Act shall be known and may be cited as the "Murray County Water and Sewer Authority Act."

3448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Murray County Water and Sewer Authority, (a) There is hereby created a body corporate and politic, to be known as the "Murray County Water and Sewer Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b) The authority shall consist of five members. The following persons are hereby initially designated and appointed as members of the Murray County Water and Sewer Authority.
(1) Mr. C. W. Holcomb, who shall hold an initial term of office expiring on March 31, 1981;
(2) Mrs. Bob Hill, who shall hold an initial term of office expiring on March 31, 1982;: 1, j
(3) Mr. Carlton Petty, who shall hold an initial term of office expiring on March 31, 1983;
(4) Mr. Roy Southerland, who shall hold an initial term of office expiring on March 31, 1984; and
(5) Mrs. Jaroyd Smith, who shall hold an initial term of office expiring on March 31, 1985.
The initial members of the authority shall enter upon the duties of their office on the effective date of this Act and shall serve until the expiration of their respective terms of office or until their successors are duly elected and qualified. During the month of March, 1981, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority for the purpose of electing successors to those members whose terms expire in such year. Said meeting shall be called and conducted as hereinafter prescribed. Except as otherwise provided herein, each member elected by the users of the system shall enter upon the duties of his office on March 31 immediately following his election and shall serve for a term of office of five years and until his successor is duly elected and qualified. Members of the authority

GEORGIA LAWS 1980 SESSION

3449

may serve with or without compensation and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or convenient for the government of the authority.
(c) To be eligible for election as a member of the authority, a person shall be at least 18 years of age and a resident of Murray County for at least two years prior to the date of his election, shall not have been convicted of a felony, and at the time of election shall be a user of the facilities of the authority. The provisions of this subsection shall not apply to the initial members of the authority appointed under the provisions of this section.
(d) The members of the authority shall elect one of their number as chairman and another as vice chairman and they may also elect a secretary and treasurer or a secretary or a treasurer, who need not be a member of the authority. Such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(f) In the event of a vacancy by reason of death, disqualifications, resignation, or other reason, the remaining members of the authority, provided at least three members remain on the authority, shall elect by majority vote a qualified person to fill the vacancy until the next annual election by the users of the system, at which time the users of the system shall elect a qualified person to fill the remaining unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the authority who is convicted of a felony, who moves his residence from Murray County, or who is indicted or charged with any act of misfeasance, malfeasance, or nonfeasance by the Murray County grand jury acting in its sole discretion. If, for any reason whatsoever, the users of
106--2

3450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the system shall fail to elect a member at any annual meeting to replace a member whose term expires, the remaining members of the authority, provided at least three members remain on the authority, shall elect by majority vote a duly qualified person as a member of the authority to serve until the next annual meeting of the users.
(g) In the event that there are three or more vacancies on the authority at any one time, the commissioner of Murray County or any other officer who or commission which might succeed to his duties in the future shall appoint the number of qualified persons needed to bring the total number of persons on the authority up to three. The authority shall then elect qualified persons in the manner described above to fill the remaining vacancies. All persons so appointed by the commissioner of Murray County shall serve until the next annual election by the users of the system, at which time the users of the system shall elect qualified persons to fill the remaining terms of the members whose vacated positions had been filled by appointment by said commissioner of Murray County.
(h) Annual meetings of the users of the facilities of the authority shall be held in March of each year. Such annual meeting shall be called by the authority, after notice thereof has been published in the newspaper in Murray County in which the sheriff's advertisements are published at least ten days prior to the date of such meeting. The authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections.
(i) The authority shall have a complete audit of its financial condition made at least once in each calendar year by a certified public accountant. Such audit shall remain on file at the office of the authority for public inspection.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Murray County Water and Sewer Authority.
(2) The word "project" shall mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of

GEORGIA LAWS 1980 SESSION

3451

water supply within or without the territorial boundaries of Murray County, the treatment of water; and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Murray County; and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the authority necessary or convenient for the efficient operation of such type of undertaking. The word "project" shall also mean and include the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial; for treatment of such waste, including the acquisition and construction of treatment plants and lagoons, without and within the territorial boundaries of Murray County; and the operation, maintenance, additions, improvements, and extensions of such facilities deemed by the authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system.
(3) The term "cost of the project" shall mean and embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment, financing charges, interest prior to and during the 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 herein authorized; the construction of any project; the placing of the same in operation; and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(4) The terms "revenue bonds" and "bonds" as used in this Act shall mean revenue certificates as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended; and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.

3452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining, and repairing, improving, or extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.
Section 4. Powers. The authority shall have the power:
(1) To have a seal and alter the same at its pleasure;
(2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes; and to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to best advantage of the authority. In any condemnation proceedings such orders may be made by the court having jurisdiction of suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. 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 of Georgia, the Governor is hereby authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment of the reasonable value of such lands to the director, Fiscal Division, Department of Administrative Services, for the credit of the general fund of the state. Such value shall be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority;

GEORGIA LAWS 1980 SESSION

3453

(4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, other political subdivisions, and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water and related services and facilities by the authority to such municipal corporations, counties, or political subdivisions or for the purchase of water by the authority therefrom for a term not exceeding 50 years;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole, or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant or grants from the United States of America or any agency or instrumentality thereof, or from the State of Georgia or any agency or instrumentality thereof;
(7) To accept loans or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(8) To accept loans or grants of money, materials, or property of any kind from the State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality may require;

3454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this state; and
(11) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority, in a sum not to exceed $5 million outstanding at any one time, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated; shall bear interest at such rate or rates not exceeding 9 percent per annum, payable at such time or times; shall mature at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of bonds.
Section 6. Same; form; 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 without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

GEORGIA LAWS 1980 SESSION

3455

Section 7. Same; signatures; seal. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attached by the secretary of the authority and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument laws of this state. Such bonds and the income thereof shall be exempt from all taxation within the state.
Section 9. Same; sale, price. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than 9 percent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be for the same purpose and shall be entitled to payment

3456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.
Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.
Section 13. Conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and shall be published in the official newspaper for Murray County one time within a week of its being adopted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Murray County or a pledge of the faith and credit of said county but such bonds shall be payable solely from the fund hereinafter provided for; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.

GEORGIA LAWS 1980 SESSION

3457

Section 15. Same; trust indenture as security. In the discretion of the authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 16. Same; to whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

3458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 17. Same; sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide. Such funds so pledged, from whatever source received, including funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

GEORGIA LAWS 1980 SESSION

3459

Section 19. Same; refunding bonds. The authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Murray County and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 21. Same; validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the authority for services and facilities of the water system for which bonds are to be issued and sought to be validated; and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority issuing the same; and any municipality, county, authority, subdivision, or instrumentality contracting with the said Murray County Water and Sewer Authority.
Section 22. Same; interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds;

3460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds; nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether all proceeds from the sale of revenue bonds as grants or other contributions or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 24. Purpose of the authority, (a) Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to the various townships and citizens in Murray County and environs, including adjoining counties and municipalities located therein, and, further, for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the authority from selling and delivering water directly to consumers in those areas where there do not now exist water distribution systems or furnishing sewer facilities to such consumers and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality.
(b) The authority shall also have the authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining states do not prohibit or tax said activity.
(c) The authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality without first obtaining the express written consent of the appropriate governing bodies of the above referred to water districts or municipalities.

GEORGIA LAWS 1980 SESSION

3461

Section 25. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished; and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewer utility system; and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 26. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished.
Section 27. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby 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 28. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the state and its inhabitants shall be liberally construed to effect the purposes thereof.
Section 29. Effect on other governments. This Act does not in any way take from Murray County or any municipality located therein or any adjoining county the authority to own, operate, and maintain water or sewer systems or issue revenue certificates as is provided by the Revenue Bond Law of Georgia.
Section 30. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part

3462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 31. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 32. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, local legislation which consists of a bill to create the Murray County Water and Sewer Authority, and for other purposes.
This 28th day of December, 1979.
Tom Ramsey Representative, 3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times which is the official organ of Murray County, on the following dates: January 10, 17, 24,1980.

GEORGIA LAWS 1980 SESSION

3463

Isl1 Tom Ramsey Representative, 3rd District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

CITY OF DALTON S COMPENSATION OF RECORDER.
No. 815 (House Bill No. 1602).
AN ACT
To amend an Act changing the compensation of the recorder of the City of Dalton, approved March 5, 1976 (Ga. Laws 1976, p. 2916), so as to change the compensation of the recorder; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the compensation of the recorder of the City of Dalton, approved March 5, 1976 (Ga. Laws 1976, p. 2916), is hereby amended by striking from Section 1 thereof the following:
"$7,500.00",

3464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and substituting in lieu thereof the following:
!' "$9,000.00",
so that when so amended Section 1 shall read as follows:
"Section L From and after the passage of this Act and by ordinance duly adopted by the Mayor and Council of The City of Dalton, the recorder shall receive an annual salary not to exceed $9,000.00 payable in equal monthly installments from the funds of The City of Dalton^'L'g
Section 2. This Act shall become effective July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Local Legislation.
Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia, a local bill to amend the charter of Dalton (Georgia Laws 1874, p. 181), as amended, so as to provide an increase in the Recorder's salary to $750.00 per month; to repeal conflicting laws; and for other purposes.
M. Donald Ellis Mayor, The City of Dalton
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Williams who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen News which is the

GEORGIA LAWS 1980 SESSION

3465

official organ of Whitfield County, on the following dates: December 21, 28, 1979, January 4, 1980.

Is/ Roger Williams Representative, 6th District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

JEFFERSON COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 816 (House Bill No. 1608).
AN ACT
To amend an Act establishing a small claims court for Jefferson County, approved March 31, 1976 (Ga. Laws 1976, p. 3687), so as to change certain provisions relating to jurisdiction of the court and fees of the bailiff or sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

3466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act establishing a small claims court for Jefferson County, approved March 31, 1976 (Ga. Laws 1976, p. 3687), is hereby amended by striking from Section 1 the following:
"$1,000.00",
and inserting in lieu thereof the following:
"$2,000.00",
so that when so amended said section shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court for Jefferson County, Georgia, to be known as the Small Claims Court of Jefferson County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking from Section 23 the following:
"$5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court",
and inserting in lieu thereof the following:
"$10.00",
so that when so amended said section shall read as follows:
"Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $ 10.00. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars."

GEORGIA LAWS 1980 SESSION

3467

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill to amend the act which created a Small Claims Court in and for Jefferson County and for other purposes.
This 17th day of January, 1980.
E. E. Bargeron Representative, 83rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 17, 24, 31, 1980.
/s/ Emory E. Bargeron Representative, 83rd District

3468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of February, 1980.
/s'l Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov; 1, 1981. (Seal).
Approved March 18, 1980.
BURKE COUNTY M CORONER'S COMPENSATION. No. 817 (House Bill No. 1609). AN ACT
To amend an Act to provide a maximum salary for the coroner of Burke County, approved March 5, 1962 (Ga. Laws 1962, p. 2882), as amended hy an Act approved April 12, 1963 (Ga. Laws 1963, p. 3452), so as to change the compensation of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide a maximum salary for the coroner of Burke County, approved March 5, 1962 (Ga. Laws 1962, p. 2882), as amended by an Act approved April 12, 1963 (Ga. Laws 1963, p. 3452), is hereby amended by striking in its entirety Section 1 thereof and substituting in lieu thereof a new Section 1 to read as follows:

GEORGIA LAWS 1980 SESSION

3469

"Section 1. The coroner of Burke County shall be compensated on a monthly basis in the amount of $250.00, such sum to be paid from county funds. The compensation specified in this Section shall be the sole compensation to be received by the coroner for his duties as coroner and shall include any payment for his ordinary expenses as coroner."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia a bill to provide a change in the compensation of the coroner of Burke County; and for other purposes.
This 14th day of January, 1980.
Emory E. Bargeron Representative, 83rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 16, 23, 30, 1980.

3470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/s/V Emory E. Bargeron Representative, 83rd District
Sworn to and subscribed before me, this 5th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
NEWTON COUNTY - SMALL CLAIMS COURT, JURISDICTION.
No. 818 (House Bill No. 1613). AN ACT
To amend an Act creating a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), so as to delete from said Act the provision granting to said court the powers granted to justices of the peace by the laws of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), is hereby amended by striking from Section 1 the following:

GEORGIA LAWS 1980 SESSION

3471

"and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia",
so that when so amended said section shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court in and for Newton County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $1.00 and does not exceed $ 1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Small Claims Court in and for Newton County, approved March 31, 1976 (Ga. Laws 1976, p. 3807), so as to delete from said Act the provision granting to said court the powers granted to justices of the peace by the laws of the State of Georgia; and for other purposes.
This 14th day of January, 1980.
Philip A. Johnson, Representative, 74th District

3472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Johnson who, on oath, deposes and says that he/she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Covington News which is the official organ of Newton County, on the following dates: January 17,24,31, 1980.
Is'fU Philip A. Johnson Representative, 74th District
Sworn to and subscribed before me, this 5th day of February, 1980.
/s|t. Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3473

NEWTON COUNTY -it BOARD OF EDUCATION.
No. 819 (House Bill No. 1614).
AN ACT
To amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), so as to change the provisions relating to a quorum of said board of education; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), is hereby amended by striking from Section 5 the word:
"Four",
and inserting in its place the word:
"Three",
so that when so amended said section shall read as follows:
"Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman to serve for a term of two years, and such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. All members of the board shall be compensated in the amount of $100.00 per month, and the chairman shall be compensated in the amount of $200.00 per month. The members and the chairman shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

3474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing for a new Board of Education of Newton County, approved March 31, 1967 (Ga. Laws 1967, p. 2405), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3505), so as to change the provisions relating to a quorum of said board of education; and for other purposes.
This 14th day of January, 1980.
Philip A. Johnson Representative, 74th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Johnson who, on oath, deposes and says that he/she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Covington News which is the official organ of Newton County, on the following dates: January 17, 24, 31, 1980.
Is/ Philip A. Johnson Representative, 74th District

GEORGIA LAWS 1980 SESSION

3475

Sworn to and subscribed before me, this 5th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

SPALDING COUNTY - SMALL CLAIMS COURT FEES, ETC.
No. 820 (House Bill No. 1615).
AN ACT
To amend an Act creating a small claims court for Spalding County, approved April 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3506), so as to change certain fees and costs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a small claims court for Spalding County, approved April 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3506), is hereby amended by striking from Section 8, wherever they appear, the figures "$7.50" and "$10.00" and inserting in lieu of each the following:

3476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$12.50 plus $4.00 for each additional defendant over one",
and by adding a new subsection (c) to read as follows:
"(c) In a procedure against a tenant holding over the total costs including service shall be $16.00.",
so that when so amended said section shall read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit with the Court the sum of $12.50 plus $4.00 for each additional defendant over one, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, that the cost for filing a claim in all cases in which the demand or value of property involved exceeds $1,000.00, shall be $12.50 plus $4.00 for each additional defendant over one; provided, further, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be $12.50 plus $4.00 for each additional defendant over one; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $12.50 plus $4.00 for each additional defendant over one, to be taxed in the discretion of the Court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $12.50

GEORGIA LAWS 1980 SESSION

3477

plus $4.00 for each additional defendant over one for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding.
(c) In a procedure against a tenant holding over the total costs including service shall be $ 16.00."
Section 2. Said Act is further amended by adding at the end of Section 25 the following:
"For issuance of a fi. fa. the court shall charge and collect a fee of $2.00.",
so that when so amended said section shall read as follows:
"Section 25. The fee of marshal for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of $3.00. For issuance of a fi. fa. the court shall charge and collect a fee of $2.00."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the fees charged by the Small Claims Court of Spalding

3478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County and the jurisdictional limits of amounts in controversy, and to repeal conflicting laws and for other purposes.
This the 15th day of January, 1980.
Maureen C. Jackson, as Clerk of Spalding County Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Fortune, Jr. who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: January 19, 1980; January 26, 1980; and February 2, 1980.
Isl James R. Fortune, Jr. Representative, 71st District
Sworn to and subscribed before me, this 5th day of February, 1980.
Isl Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 7, 1980. (Seal).

GEORGIA LAWS 1980 SESSION

3479

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to change the fees charged by the Small Claims Court of Spalding County and the jurisdictional limits of amounts in controversy, and to repeal conflicting laws and for other purposes.

This the 15th day of January, 1980.

Maureen C. Jackson, as Clerk of Spalding County Commissioners

Georgia, Spalding County.

I, Quimby Melton, Jr., the undersigned, as publisher of the Griffin Daily News, do hereby certify that the foregoing copy of
notice of intention to introduce local legislation was published in the Griffin Daily News, which is the official organ of Spalding County, on the following dates: January 19, 1980; January 26, 1980; and February 2, 1980.

This 4th day of February, 1980.
7s/. Quimby Melton, Jr., as Publisher of Griffin Daily News Griffin, Georgia

Approved March 18, 1980.

3480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LAURENS COUNTY ^ OFFICE OF TREASURER ABOLISHED, ETC.
No. 822 (House Bill No. 1620).
AN ACT
To amend an Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. Laws 1923, p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3051), an Act approved March 21, 1969 (Ga. Laws 1969, p. 2250), and an Act approved April 19, 1973 (Ga. Laws 1973, p. 3956), by abolishing the office of county treasurer of Laurens County, Georgia; to provide for the assumption of the duties and responsibilities of the treasurer; to require the turning over of property and funds; to provide for specific repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. Laws 1923, p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3051), an Act approved March 21, 1969 (Ga. Laws 1969, p. 2250), and an Act approved April 19, 1973 (Ga. Laws 1973, p. 3956), is hereby repealed in its entirety and the office of treasurer of Laurens County is hereby abolished effective January 1, 1981.
Section 2. At the expiration of his term of office, the Laurens County Treasurer is authorized and directed to turn over all funds and property of Laurens County in his possession and control to the clerk of the board of commissioners of Laurens County who shall assume all of the treasurer's duties and responsibilities.
Section 3. This Act shall become effective upon its approval by i the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3481

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act which created the Office of Treasurer of Laurens County, by abolishing said office effective January 1, 1981, and for other purposes.

Leon Green County Attorney

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act which created the Office of Treasurer of Laurens County, by abolishing said office effective January 1, 1981, and for other purposes.

Leon Green County Attorney

Georgia, Laurens County.

This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 16, 23, and 30, 1980.

Certified this the 31st day of Januray, 1980. 109--2

3482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
/Dahlia Wren, Editor and Publisher Laurens County News
Sworn to and subscribed before me, this 31st day of January, 1980.
Is/ Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires Aug. 15, 1982. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY HCOMPENSATION, ETC. OF PROBATE COURT JUDGE. No. 823 (House Bill No. 1624).
AN ACT To amend an Act providing 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. Laws 1969, p. 2143), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3164), so as to change the salary of the judge of the probate court; to authorize the judge of the probate court to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of

GEORGIA LAWS 1980 SESSION

3483

compensation, approved March 4, 1969 (Ga. Laws 1969, p. 2143), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3164), is hereby 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 receive a salary of $1,690.87 per month, payable 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 meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2143), as amended; and for other purposes.
This 10 day of Janaury 1980.
Clarence R. Vaughn, Jr. Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on

3484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.
/si Clarence R. Vaughn, Jr. Representative, 57th District
Sworn to and subscribed before me, this 4th day of February, 1980.
/si Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY -- COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT.
No. 824 (House Bill No. 1625).
AN ACT
To amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3162), so as to change the salary of the clerk; to authorize the clerk to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3485

Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3162), is hereby 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 a salary of $1,690.87 per month, payable 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 meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. Laws 1969, p. 2176), as amended; and for other purposes.
This 10th day of January, 1980.
Clarence R. Vaughn, Jr. Representative, 57th District
Georgia, Fulton County.

3486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.
Isl Clarence R. Vaughn, Jr. Representative, 57th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY MAGISTRATE'S COURT ACT AMENDED.
No. 825 (House Bill No. 1626).
AN ACT To amend an Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), as amended, by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3169), so as to change the powers of the court; to change the time

GEORGIA LAWS 1980 SESSION

3487

within which the clerk is required to remit fines and forfeitures; to authorize the code enforcement officer to sign summons; to authorize the judge of the magistrate's court to appoint other persons to sign and issue summons; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), as amended, by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3169), is hereby amended by relettering subsections (f) and (g) of Section 2 as subsections (g) and (h), respectively, and by adding a new subsection (f) to read as follows:
"(f) The court shall have the power to vacate a judgment during the term in which it is rendered."
Section 2. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. Clerk; Duties and Bond. Said board of commissioners is further authorized and directed to elect a clerk of said magistrate's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same on or before the 15th day of the following month to the Director of Finance of Rockdale County or such other person as may be designated by the governing authority of Rockdale County, for deposit in the county depository, as general funds of Rockdale County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Rockdale County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk."
Section 3. Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:

3488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 22. Issuance of Summons. Upon information known to or complaint lodged with the sheriff or any deputy of Rockdale County, Georgia, or the judge or clerk of said magistrate's court any person within the limits of Rockdale County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said magistrate's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, sheriff or deputy sheriff or code enforcement officer issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. In addition, the judge of the magistrate's court may appoint, by written order, such other person or persons as he may determine in his sound discretion to be necessary to sign and issue summons."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Magistrate's Court of Rockdale County, approved March 13, 1978 (Ga. Laws 1978, p. 3907), as amended; and for other purposes.
This 10th day of January, 1980.
Clarence R. Vaughn, Jr. Representative, 57th District

GEORGIA LAWS 1980 SESSION

3489

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.

Isl Clarence R. Vaughn, Jr. Representative, 57th District

Sworn to and subscribed before me, this 5th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ROCKDALE COUNTY --^COMPENSATION, ETC. OF CORONER.
No. 826 (House Bill No. 1627).
AN ACT
To amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. Laws 1967, p. 2505), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3159), so as to change the salary of the coroner; to authorize the coroner to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. Laws 1967, p. 2505), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3159), is hereby 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 a salary of $241.55 per month from the funds of Rockdale County. In addition to said salary, the coroner shall receive an automobile expense allowance of $ 120.00 per month, payable from the funds of Rockdale County. 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."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3491

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the coroner of Rockdale County, approved April 4, 1967 (Ga. Laws 1967, p. 2505), as amended; and for other purposes.
This 10 day of January 1980.
Clarence R. Vaughn, Jr. Representative, 57th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Intro-
duce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.

Isl : Clarence R. Vaughn, Jr. Representative, 57th District

3492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5th day of January, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY - COMPENSATION, ETC. OF TAX COMMISSIONER.
No. 827 (House Bill No. 1628).
AN ACT
To amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3168), so as to change the salary of the tax commissioner; to authorize the tax commissioner to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3168), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

GEORGIA LAWS 1980 SESSION

3493

"Section 4. The tax commissioner of Rockdale County shall receive a salary of $1,690.87 per month, payable 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 meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended; and for other purposes.
This 10th day of January, 1980.
Clarence R. Vaughn, Jr. Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen

3494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.
Is/ Clarence R. Vaughn, Jr. Representative/ 57th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY -- COMPENSATION, ETC. OF SHERIFF.
No. 828 (House Bill No. 1629).
AN ACT
To amend an Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3161), so as to change the compensation of the sheriff; to authorize the sheriff to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039), as amended, particularly by an Act approved March 26,

GEORGIA LAWS 1980 SESSION

3495

1979 (Ga. Laws 1979, p. 3161), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The sheriff shall receive a salary of $1,690.87 per month, payable 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 meets the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Rockdale County on an annual salary, approved February 18, 1966 (Ga. Laws 1966, p. 2039), as amended; and for other purposes.
This 10th day of January, 1980.
Clarence R. Vaughn, Jr. Representative, 57th District

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th District, and that the attached copy of Notice of Intention to Intro-

3496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.
Ispi Clarence R. Vaughn, Jr. Representative, 57th District
Sworn to and subscribed before me, this 4th day of February, 4980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
ROCKDALE COUNTY -- COMPENSATION, ETC. OF BOARD OF COMMISSIONERS. No. 829 (House Bill No. 1630).
AN ACT
To amend an Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3166), so as to change the compensation of the chairman and the other members of the board of commissioners; to provide that members of the board of commissioners shall certify that vouchers are true and correct and make it a crime to certify falsely; to provide for penalties; to authorize the chairman and other

GEORGIA LAWS 1980 SESSION

3497

members of the board of commissioners to participate in the Group Retirement and Hospitalization Benefit programs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended, particularly by an Act approved March 26, 1979 (Ga. Laws 1979, p. 3166), is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. Compensation, (a) Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of $4,140.90 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation for services as same the sum of $22,429.88 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsections (b) and (c) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or either commissioner shall be entitled. The chairman and other commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.
(b) The board of commissioners shall be authorized to provide the chairman with a county-owned automobile which the chairman may use in carrying out his official duties, and county funds may be expended for the operation and maintenance of said automobile. The board of commissioners may provide by ordinance or resolution for the reimbursement from county funds of actual and necessary expenses incurred by the chairman and other commissioners in carrying out their official duties. No member of the board of commissioners shall receive any expense allowance, mileage allowance, or travel allowance unless such member has personally performed such service and has personally incurred the expense for mileage or travel. Each member of the board submitting a voucher shall certify that he has personally performed the service and personally incurred the expense for mileage or travel covered by the voucher and that the information contained on the voucher is true and cor-

3498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rect. The voucher shall contain such a certificate for the member to sign. It shall be unlawful for any member of the board to make such a certificate willfully, knowing it to be false, and any member convicted of making such a false certificate shall be punished by a fine of not more than $ 1,000.00 or by imprisonment of not less than one nor more than five years, or both.
(e) The chairman and other members of the board of commissioners shall 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 they meet the normal eligibility requirements of the programs."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), as amended; and for other purposes.
This 10th day of January, 1980.
Clarence R. Vaughn, Jr. Representative, 57th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he/she is Representative from the 57th

GEORGIA LAWS 1980 SESSION

3499

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 15, 22, 29, 1980.

/s/jo Clarence R. Vaughn, Jr. Representative, 57th District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981.
(Seal).

Approved March 18, 1980.

CITY OF LYONS - VACANCIES ON CITY COUNCIL.
No. 831 (House Bill No. 1643).
AN ACT
To amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, so as to provide for filling vacancies on the council; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

3500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, is hereby amended by designating the current language of Section 5 of said Act as subsection (a) and by adding immediately following subsection (a) a new subsection (b) to read as follows:
"(b) (1) The office of councilman shall become vacant upon the councilman's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(2) In the event the office of councilman becomes vacant for any reason, his successor shall be elected at the next regular municipal election to serve the remainder of the unexpired term or a full term, as the case may be. The mayor and council shall appoint an interim councilman to fill the vacant office until such successor is elected and qualified, and such appointment shall be made in the same manner in which ordinances are enacted pursuant to this charter.",
so that when so amended Section 5 shall read as follows:
"Section 5. (a) Be it further enacted that on the first Wednesday in March 1952, and biennially thereafter on the same date, an election shall be held in said city in manner and place hereafter provided for the purpose of electing a mayor and five councilmen for said city whose terms of office shall be as follows:
At the first election hereunder, the mayor and councilmen from wards 1 and 3 shall be elected for a term of two years; the councilmen from wards 2 and 4 and the councilman at large shall be elected for a term of four years. Thereafter, the terms of office of all the councilmen shall be four years, and the mayor's term of office shall be four years. The terms of office shall begin the first day of April of each year following their election. The voters of the city as a whole shall elect all members of council. In case no election is held at the regular time provided herein, those selected shall serve until their successors are elected and qualified. A special election may be called by the mayor and council to be held on some other day, but the date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be pub-

GEORGIA LAWS 1980 SESSION

3501

lished promptly in a newspaper of general circulation in the municipality as provided by Georgia law.
(b) (1) The office of councilman shall become vacant upon the councilman's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(2) In the event the office of councilman becomes vacant for any reason, his successor shall be elected at the next regular municipal election to serve the remainder of the unexpired term or a full term, as the case may be. The mayor and council shall appoint an interim councilman to fill the vacant office until such successor is elected and qualified, and such appointment shall be made in the same manner in which ordinances are enacted pursuant to this charter."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765) as amended; and for other purposes.

This 9th day of January, 1980.

Georgia, Fulton County.

Thomas B. Clifton, Jr. Representative, 121st District

3502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following dates: January 17, 24, 31, 1980.
Isl Thomas B. Clifton, Jr. Representative, 121st District
Sworn to and subscribed before me, this 5th day of February, 1980.
Isf :' Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
DeKALB COUNTY - COMPENSATION OF JUDGE OF PROBATE COURT.
No. 832 (House Bill No. 1646).
AN ACT
To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. Laws 1976, p. 3986), so as to change the compensation of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3503

Be it enacted by the General Assembly of Georgia:

Section 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. Laws 1976, p. 3986), is hereby amended by striking from Section 2 the following:

"(2) Judge of the Probate Court

68% ",

and inserting in lieu thereof the following:

"(2) Judge of the Probate Court

80%",

so that when so amended Section 2 shall read as follows:

"Section 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1:

! (1) Sheriff

65%

(2) Judge of the Probate Court

80 %

(3) Clerk of the Superior Court

65%

(4) Tax Commissioner

65%

(5) Judge of the Juvenile Court

90%."

Section 2. This Act shall become effective on January 1, 1981.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice to Introduce Local Legislation.
Notice is hereby given of the intention to introduce during the 1980 session of the General Assembly of Georgia an act to amend

3504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an act providing for the compensapon of certain county officers and officials of DeKalb County, approved March 31, 1976, (Ga. Laws 1976, Page 3986) so as to change the compensation of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Cas Robinson Representative, 58th District DeKalb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cas Robinson who, on oath, deposes and says that he/she is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
Isl Cas Robinson Representative, 58th District

GEORGIA LAWS 1980 SESSION

3505

Sworn to and subscribed before me, this 16th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

TOWN OF KITE - CHARTER AMENDED.
No. 833 (House Bill No. 1650).
AN ACT
To amend an Act incorporating the Town of Kite in the County of Johnson, approved September 11, 1891 (Ga. Laws 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2712), so as to change the number of members of the town council; to provide for qualifications of electors and manner of holding elections; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the Town of Kite in the County of Johnson, approved September 11, 1891 (Ga. Laws 1890-91, Vol. 2, p. 755), as amended, particularly by an Act approved March 21, 1958 (Ga. Laws 1958, p. 2712), is hereby amended by striking in its entirety Section 3 thereof, which reads as follows:

3506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 3. On the first Saturday in December, 1958, there shall be an election held for an election of a mayor and three councilmen. Such election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town who shall be qualified to vote for the members of the General Assembly shall be qualified to vote in such election for mayor and councilmen and the person or persons who shall receive the highest number of votes for either of the above named officers shall be declared duly elected. The marshal and clerk shall be elected by the mayor and council immediately upon their election or as soon thereafter as practicable. The mayor and councilmen elected at such election shall serve for a term of two years and until their successors are elected and qualified. Thereafter, the mayor and councilmen shall be elected on the first Saturday in December in each even numbered year to serve for a term of two years and until their successors are elected and qualified. The mayor and councilmen shall assume office on January first following their election.",
and inserting in lieu thereof the following:
"Section 3. The mayor and councilman serving on the date immediately preceding the effective date of this section shall serve out their terms of office and until their successors are elected and qualified. On the first Saturday in December, 1980, there shall be an election held for an election of a mayor and five councilmen. The qualifications of electors for such election and the manner of conducting such election shall be as provided in the "Georgia Municipal Election Code," as now or hereafter amended. The person or persons who shall receive the highest number of votes for either of the above-named officers shall be declared duly elected. The marshal and clerk shall be elected by the mayor and council immediately upon their election or as soon thereafter as practicable. The mayor and councilmen elected at such election shall serve for a term of two years and until their successors are elected and qualified. Thereafter, the mayor and councilmen shall be elected on the first Saturday in December in each even-numbered year to serve for a term of two years and until their successors are elected and qualified. The mayor and councilmen shall assume office on January 1 following their election."

GEORGIA LAWS 1980 SESSION

3507

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
In the next term of the General Assembly I intend to introduce a change in the number of City Councilmen for the City of Kite, Georgia and other purposes.
Jimmy Lord Representative, 105th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Wrightsville Headlight which is the official organ of Johnson County, on the following dates: January 10, 17, 24, 1980.
Isf Jimmy Lord Representative, 105th District

3508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
WASHINGTON COUNTY -- COMPENSATION OF SHERIFF'S SECRETARIES.
No. 834 (House Bill No. 1651).
AN ACT To amend an Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. Laws 1965, p. 2395), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3115), so as to change the compensation of the secretaries in the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. Laws 1965, p. 2395), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3115), is hereby amended by striking from Section 5 thereof the following:

GEORGIA LAWS 1980 SESSION

3509

"not less than one and not more than two clerks, each of which shall be compensated in an amount not less than $6,000.00 per annum and not more than $7,300.00 per annum;",
and inserting in lieu thereof the following;
"not less than one and not more than two secretaries, each of which shall be compensated in an amount not less than $7,300.00 and not more than $9,500.00 per annum;",
so that when so amended said Section 5 shall read as follows:
"Section 5. The sheriff of Washington County shall be authorized to recommend, appoint and determine, within the limits provided herein, the number and salary of, and persons to serve as, each of the following sheriff's office personnel; not less than and not more than one chief deputy, to be compensated in an amount not less than $7,800.00 per annum and not more than $12,000.00 per annum; not less than five and not more than ten regular deputies, each of which shall be compensated in an amount not less than $6,825.00 per annum and not more than $10,800.00 per annum; not less than one and not more than two secretaries, each of which shall be compensated in an amount not less than $7,300.00 and not more than $9,500.00 per annum; not less than four and not more than seven jailer-dispatchers, each of which shall be compensated in an amount not less than $4,725.00 per annum and not more than $7,100.00 per annum; and no more than one investigator, although no investigator shall be required to be appointed or recommended for appointment, to be compensated in an amount not less than $8,500.00 per annum and not more than $14,000.00 per annum, provided, such investigator shall have Completed at least two years of college and have obtained at least an associate degree therefrom in criminal justice or such investigator shall have served at least five years as a peace officer, as defined in Section 2 of the `Georgia Peace Officer Standards and Training Act,' as amended, and shall meet each requirement specified in subsections (a) through (h) of Section 8 of the `Georgia Peace Officer Standards and Training Act,' as amended. All such personnel shall be paid in equal monthly installments from the funds of Washington County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name such personnel and to prescribe their duties and assignments and to remove or replace any such deputies at will. Two deputies shall be assigned to the night patrol."

3510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Passage of a Local Bill.
Notice is hereby given that I will, with the concurrence of the Board of Commissioners of Washington County, introduce a Bill in the 1980 General Assembly of Georgia to amend the Act to change the compensation of Sheriff's Secretary and for other purposes.
This 8th day of January, 1980.
Jimmy Lord Representative, 105th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 10, 17, 24, 1980.
Isi Jimmy Lord Representative, 105 th District

GEORGIA LAWS 1980 SESSION

3511

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

CLAYTON COUNTYg|COMPENSATION OF CORONER, DEPUTY CORONER, ETC.
No. 835 (House Bill No. 1652).
AN ACT
To provide for the compensation and expenses of the Coroner of Clayton County; to provide for a deputy coroner and for his compensation; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) In lieu of all fees for his services, the Coroner of Clayton County shall receive an annual salary of $7,200.00. In addition to such salary, the Coroner shall receive an expense allowance of $2,400.00 per annum. Such salary and expense allowance shall be paid in equal monthly installments from the funds of Clayton County.
(b) The coroner shall be authorized to appoint a deputy coroner who shall serve only in the absence of the coroner. Such deputy coroner shall receive $25.00 per diem for services performed

3512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the absence of the coroner. The coroner and the deputy coroner are hereby authorized and directed to cooperate and consult with the Director of the State Crime Laboratory or any examiner employed by him and paid by the state when performing postmortem examinations and autopsies.
Section 2. An Act providing that the Coroner of Clayton County shall be compensated on a salary rather than a fee basis, approved February 6, 1952 (Ga. Laws 1952, p. 2215), is hereby repealed in its entirety.
Section 3. This Act shall become effective on the first day of the month immediately following the month during which it is signed by the Governor or during which it otherwise becomes law.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill relative to the coroner of Clayton County; and for other purposes.
This 15 day of January, 1980.
Rudolph Johnson Representative, 72nd District
Georgia, Clayton County.
Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15,22,29, 1980.
Isl Jim Wood

GEORGIA LAWS 1980 SESSION

3513

Sworn to and subscribed before me, this 6th day of February, 1980.

Is/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal).

Approved March 18, 1980.

COMPENSATION OF CORONERS IN CERTAIN COUNTIES (90,000 - 140,000).
No. 836 (House Bill No. 1653).
AN ACT
To repeal an Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census, approved February 13, 1976 (Ga. Laws 1976, p. 2655); to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the compensation of the coroner of all counties of this state having a population of not less than 90,000 and not more than 140,000 according to the United States decennial census of 1970 or any future such census, approved February 13, 1976 (Ga. Laws 1976, p. 2655), is hereby repealed in its entirety.
110--2

3514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the month immediately following the month during which it is signed by the Governor or during which it otherwise becomes law.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 18, 1980.
CLAYTON COUNTY - COMPENSATION OF BOARD OF COMMISSIONERS.
No. 837 (House Bill No. 1654).
AN ACT
To amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3668), so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3668), is hereby amended by striking from Section 7 the following:
"$31,800.00" and "$2,400.00" and "$6,680.00", respectively,
and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

3515

"$35,000.00" and "$3,000.00" and "$7,280.00", respectively,
so that when so amended Section 7 shall read as follows:
"Section 7. Compensation. The Chairman of the Board shall be compensated in the amount of $35,000.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. The Chairman of the Board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the County and shall be entitled to a County automobile while engaged in County business. The other four members of the Board shall be compensated in the amount of $7,280.00 per annum to be paid in equal monthly installments. Each of the other members of the Board shall receive an annual expense allowance of $1,800.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County. The Chairman of the Board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the Board. All five members of the Board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the Chairman shall carry out and administer the policies set by the Board. The Chairman shall elect the Director of Finance/Comptroller, but the Chairman's selection must be confirmed by a majority vote of the entire Board."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955,p. 2064), as amended; and for other purposes.

3516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of January, 1980.
Rudolph Johnson Representative, 72nd District
Georgia, Clayton County.
Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15,22,29, 1980.
Is/ Jim Wood
Sworn to and subscribed before me, this 6th day of February, 1980.
Is/ Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3517

CLAYTON COUNTY -d COMPENSATION OF JUDGE OF PROBATE COURT.
No. 838 (House Bill No. 1655).
AN ACT
To amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3649), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3649), is hereby amended by striking from Section 1 the following:
"$23,375.00",
and inserting in lieu thereof the following:
"$25,715.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said judge of the probate court shall be $25,715.00 per annum, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

3518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended; and for other purposes.
This 15th day of January, 1980.
Rudolph Johnson Representative, 72 nd District
Georgia, Clayton County.
Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15,22,29, 1980.
Is/y Jim Wood

GEORGIA LAWS 1980 SESSION

3519

Sworn to and subscribed before me, this 6th day of February, 1980.
Isl Pat DesRochers Notary Public, Georgia State at Large. My Commission Expires July 5, 1982. (Seal).
Approved March 18, 1980.

CLAYTON COUNTY - COMPENSATION OF TAX COMMISSIONER.
No. 839 (House Bill No. 1656).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3651), so as to change the provisions relative to the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved April II, 1979 (Ga. Laws 1979, p. 3651), is hereby amended by striking from subsection (b) of Section 7 the following:

3520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$23,375.00",
and inserting in lieu thereof the following: "$25,715.00",
so that when so amended said subsection (b) shall read as follows:
"(b) The Tax Commissioner of Clayton County shall receive an annual salary of $25,715.00 which shall be paid in equal monthly installments from the funds of Clayton County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended; and for other purposes.
This 15th day of January, 1980.
Rudolph Johnson Representative, 72nd District
Georgia, Clayton County.

GEORGIA LAWS 1980 SESSION

3521

Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 15,22,29, 1980.

Isi Jim Wood

Sworn to and subscribed before me, this 6th day of February, 1980.

Isl Pat DesRochers Notary Public, Georgia State at Large.
My Commission Expires July 5, 1982. (Seal).

Approved March 18, 1980.

EFFINGHAM COUNTY - CORONER'S COMPENSATION.
No. 842 (House Bill No. 1661).
AN ACT
To fix the compensation of the coroner of Effingham County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The coroner of Effingham County shall be compensated in the amount of $50.00 for summoning an inquest on a dead body and returning an inquisition. Such compensation shall be paid out of the funds of Effingham County.

3522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Effingham County Coroner.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980.
Is/ George A. Chance, Jr. Representative, 129th District

GEORGIA LAWS 1980 SESSION

3523

Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. L 1981. (Seal).
Approved March 18, 1980.

EFFINGHAM COUNTY -- BOARD OF COUNTY COMMISSIONERS.
No. 843 (House Bill No. 1662).
AN ACT
To amend an act creating a board of commissioners of F.ffingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended by an Act approved February 17, 1937 (Ga. Laws 1937, p. 1322), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3454), an Act approved March 26, 1969 (Ga. Laws 1969, p. 2404), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3588), so as to provide that the governing authority of Effingham County shall consist of five commissioners; to provide that said commissioners shall have jurisdiction and authority in establishing, amending, or abolishing laws and regulations governing the zoning of land, preservation of the peace and well-being of the residents of Effingham County and the protection and preservation of the property of said county in conformity with the laws of this state; to change the terms of office of certain commissioners; to authorize said commissioners to hire a county administrator; to

3524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
increase the compensation of said commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Effingham County and providing for their election and defining the duties of said commissioners, approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended by an Act approved February 17, 1937 (Ga. Laws 1937, p. 1322), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3454), an Act approved March 26, 1969 (Ga. Laws 1969, p. 2404), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3588), is hereby amended by striking Section 1 and inserting in lieu thereof the following:
"Section 1. The governing authority of Effingham County shall be a board of commissioners, consisting of five persons. One member shall be elected from each militia district in the said county by a majority vote of the qualified voters of said county at the next general election provided for hereinafter, and at each subsequent, alternate general election, which election shall be held under the rules, regulations, and laws governing the election of county officers in the County of Effingham. Any person seeking membership on the board shall have been a resident of the county for at least five years prior to said election, shall be at least 30 years of age, and shall be eligible to election as a member of the General Assembly of the State of Georgia."
Section 2. Said Act is further amended by adding a new section between Section 1 and Section 2, to be designated Section 1A, to read as follows:
"Section 1A. (a) At the general election conducted in 1980, two members of said board of commissioners shall be elected for a term of two years, beginning on the first day of January, 1981, and they shall serve until their successors are elected and qualified. Said two members shall reside in Militia District 1559 and Militia District 11, respectively, and they shall be successors to the two incumbent members representing said militia districts elected pursuant to an Act approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended, whose terms of office expire in December, 1980.

GEORGIA LAWS 1980 SESSION

3525

(b) At the general election conducted in 1980, three members of said board of commissioners shall be elected for terms of four years, beginning on the first day of January, 1981, and they shall serve until their successors are elected and qualified. Said three members shall be the members of Militia District 9, Militia District 10, and Militia District 12, respectively, and shall be successors to the three incumbent members elected pursuant to an Act approved July 26, 1921 (Ga. Laws 1921, p. 466), as amended, whose terms of office expire in December, 1980.
(c) Successors to the initial members elected in 1980 pursuant to subsections (a) and (b) of this section and their successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of office of four years and until their successors are elected and qualified."
Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Each member of the board, other than the chairman, shall receive as their entire compensation for services as same, the sum of $200.00 per month. The chairman shall receive, as his entire compensation, the sum of $300.00 per month."
Section 4. Said Act is further amended by striking the last paragraph of Section 8 in its entirety and inserting in lieu thereof two new paragraphs to read as follows:
"Eighth, in establishing, amending, or abolishing ordinances, rules, and regulations in conformity with the law governing the zoning of land, preservation of the peace, and well-being of the residents of said county, and the protection and preservation of the property of said county, and to prescribe punishments for violations of ordinances and regulations enacted pursuant to this Act, such punishment not to exceed 90 days imprisonment, a $500.00 fine, or both.
Ninth, to exercise such powers as are necessary to the proper exercise of the jurisdiction of the said board of commissioners; each

3526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and all of the above-stated powers to be exercised in conformity to law as now existing or hereafter enacted."
Section 5. Said Act is further amended by adding a new section between Section 9 and Section 10, to be designated Section 9A, to read as follows:
"Section 9A. The board of commissioners shall have authority to employ a county administrator annually at a reasonable salary per year, to be fixed by said board."
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill to amend an Act entitled, "An Act to create a Board of Commissioners of Road and Revenues for the County of Effingham to be Elected by the Qualified Voters of said County, to Define the Duties of Said Commissioners, and for other Purposes," approved July 26, 1921 (Ga. L. 1921, P. 466), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3454), and by an Act approved March 26, 1969 (Ga. L. 1969, p. 2404), and by an Act approved April 3, 1972 (Ga. L. 1972, p. 3588).
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is

GEORGIA LAWS 1980 SESSION

3527

the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980.
Is/ George A. Chance, Jr. Representative, 129th District

Sworn to and subscribed before me, this 4th day of February, 1980.
Isl, Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

STATE COURT OF EFFINGHAM COUNTY - SALARIES OF JUDGE AND SOLICITOR.
No. 844 (House Bill No. 1663).
AN ACT
To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2535) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3322), so as to change the salary of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. Laws 1908, p. 211), as amended, particularly by an Act approved March 29, 1973 (Ga.

3528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Laws 1973, p. 2535) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3322), is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The judge of said court shall receive a salary of $7,200.00 per year which shall be paid monthly by the treasurer of Effingham County, and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his own."
Section 2. Said Act is further amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:
"Section 4A. The solicitor of said court shall receive a salary of $6,200.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County, and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose, and in addition he shall receive reimbursement for all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3529

Notice of Intention to Introduce Legislation.

Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia.

Notice of Intention to Introduce Legislation.

Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia a bill affecting the compensation of the Solicitor of the State Court of Effingham County, Georgia.

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January 17, 24, 31, 1980.

Isfft-, George A. Chance, Jr. Representative, 129th District

3530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
TROUP COUNTY -- COMPENSATION OF BOARD OF COMMISSIONERS.
No. 846 (House Bill No. 1673).
AN ACT
To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), so as to change certain provisions relating to compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p.

GEORGIA LAWS 1980 SESSION

3531

3282), is hereby amended by striking Section 7 thereof in its entirety and substituting in lieu thereof a new Section 7 to read as follows:
"Section 7. (a) The Chairman of the Board of Commissioners shall be compensated in the amount of $4,800.00 per annum payable in equal monthly installments from the funds of Troup County.
(b) The members of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $3,600.00 per annum payable in equal monthly installments from the funds of Troup County.
(c) The Chairman and other members of the Board of Commissioners may be reimbursed from county funds for expenses actually incurred by them in carrying out their official duties in the manner prescribed by ordinance or resolution duly adopted by the Board of Commissioners.
Section 2. This Act shall become effective April 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended, and for other purposes.
This 18th day of January, 1980.
V. Hawley Smith, Chairman Troup County Board of Commissioners

3532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The LaGrange Daily News which is the official organ of Troup County, on the following dates: January 18, 25, and February 1, 1980.
Isl J. Crawford Ware Representative, 68th District
Sworn to and subscribed before me, this 5th day of February, 1980.
Is/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3533

CIVIL COURT OF RICHMOND COUNTY - COSTS, SALES, ETC.
No. 847 (House Bill No. 1680).
AN ACT
To amend an Act creating the civil court of Richmond County, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974* p. 2410) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3341), so as to change who shall conduct certain sales; to change certain costs and deposits therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating the civil court of Richmond County, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2410) and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3341), is hereby amended by striking Section 25, Section 26, Section 29, and Section 36 in their entirety and inserting in lieu thereof a new Section 25, Section 26, Section 29, and Section 36 to read as follows:
"Section 25. All sales of personal property levied upon under process of civil court, or any other process, summary processes, or any other execution, executed by said civil court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days' advertisement by notice posted before the courthouse door and two other public places, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales are to be conducted by the marshal of said court or his deputy; provided that sales of perishable property, and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from civil court, or any other court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sale of real estate shall be conducted by the marshal of said court or his deputy.

3534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 26. Be it further enacted by the authority aforesaid, that the chief judge of the civil court of Richmond County, Georgia, and the associate judge of said court shall have the same authority as the judge of the superior court to order a case reported, and they may direct the case reported when either party or counsel requests it, or when in the discretion of the judge the ends of justice require that the case may be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall not exceed the amount set by the Judicial Council of the State of Georgia. If either party or his counsel objects to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule.
Section 29. From and after the passage of this Act, it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court to deposit with the clerk of said court the sum of $12.00 upon the costs that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court'is unable from poverty to make the said costs deposits, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceedings in which the plaintiff is a nonresident and the amount involved, or the property in controversy, does not exceed $500.00, until $ 12.00 shall have been deposited with the clerk, of the amount involved, or the property in controversy, exceeds $500.00, until $22.00, shall have been deposited with the clerk, on account of costs. The court at any stage of such cause, on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess.

GEORGIA LAWS 1980 SESSION

3535

Section 36. The scale of costs to be collected by the officers of the civil court of Richmond County, Georgia, shall be graduated and divided according to classifications as follows:

(a) In all cases the costs to be charged and collected by the officers of said court shall be as set out in the following schedule:

Each original summons Each copy of summons Filing amendments and subsequent pleadings Seal

$ 6.00 3.00 2.00 50

Affidavit and bond to obtain attachment and issuing and filing same
Entering judgment in each case

15.00 1.00

Trial of each case when same is litigated Docketing each case Each witness sworn Issuing each execution Each subpoena for witness Issuing each distress warrant and filing same Each affidavit when a case is pending

5.00 1.00
50 1.00 3.00 6.00
75

Answering every writ of certiorari to superior court
Presiding at trial of forcible entry and detainer

5.00 5.00

Presiding at trial of right-of-way case Issuing rule to establish lost papers Trying the same Presiding at trial of nuisance case. . . Witnessing any paper

5.00 2.00 5.00 5.00 1.00

Affidavit and bond to obtain prejudgment garnishment and filing

6.00

Issuing summons of garnishment Each additional copy of summons ' Settling case before judgment Claim affidavit and bond

6.00 4.00 1.00 1.50

3536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Trying same Certifying transcript Issuing order to sell perishable property Each lien foreclosure and docketing same Each order issued by the court Each case tried by jury Backing fieri facias Each criminal warrant issued Serving summons of attachment Each return of officer Serving each copy of summons Summoning each witness

5.00 1.50 5.00 6.00 2.00 10.00
75 5.00 6.00 2.00 4.00 3.00

Attending court, for each judgment rendered marshal's cost

2.00

Levying fieri facias Settling fieri facias when property not sold Returning nulla bona Collecting executions issued by coroners

2.50 1.50 1.00 1.50

Keeping or storage of any motor vehicle, not to exceed the actual expenses incurred
For removing and/or storing property and keeping and feeding animals, the costs shall be the actual expense incurred.

All sales made by marshal, amount on sales commission

6 1/4%

Serving rule to establish lost paper Every additional copy Serving court Each additional copy

2.00 75
2.00 75

Following property out of county, going and

returning per mile

20

Levying each distress warrant Each advertisement Taking bond in civil cases Taking bond in criminal cases

5.00 3.00 5.00 2.50

GEORGIA LAWS 1980 SESSION

3537

Serving summons of garnishment

6.00

Each additional summons including defendant

4.00

For hauling or drayage in handling of any property seized by virtue of process from court, not to exceed $6.00 per hour for use of any vehicle used in hauling or drayage, and $2.00 per hour for labor. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $2.00 per mile, minimum charge for any vehicle seized within Richmond County, not to exceed actual cost incurred.

(b) The costs to be taxed in said court in criminal warrants, peace warrants, and search warrants shall be the same as those fixed by law.

(c) In dispossessory warrants, distress warrants, and proceedings to eject intruders, the costs shall be $6.00 for the clerk for issuing and $6.00 for the marshal for serving the summonses, and other costs shall be the same as justice of the peace court costs. Said $ 12.00 shall be deposited with the clerk at time of filing and issuing of said summons.

(d) In all other cases not herein specifically provided for, the costs to be taxed by the clerk shall be the same as provided by law. The marshal's costs for advertising personal property shall be $5.00."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

3538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a Bill to amend an act creating the Civil Court of Richmond County, Georgia, (Georgia Laws of 1974 pages 2410 et seq.) as amended, so as to provide for the cost of filing, processing, and serving all to provide an effect date; to repeal any conflicting laws; and for other purposes.
This 28th day of December, 1979.
J. Bacheller Flythe Chief Judge, Civil Court Richmond County, Georgia Oliver K. Mixon Associate Judge, Civil Court Richmond County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Padgett who, on oath, deposes and says that he/she is Representative from the 86th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: January 2, 9, 16, 1980.
/sMike Padgett Representative, 86th District

GEORGIA LAWS 1980 SESSION

3539

Sworn to and subscribed before me, this 8th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GWINNETT COUNTY - RECORDER'S COURT.
No. 848 (House Bill No. 1682).
AN ACT
To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), so as to provide that the governing body of Gwinnett County shall fix the compensation of the judge; to provide that certain probation shall be served under the "Statewide Probation Act," as now or hereafter amended; to provide for certain witness fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), and an Act approved March 13, 1978 (Ga. Laws 1978, p. 3437), is hereby amended by striking from Section 7 of said Act the following:

3540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
but the same shall not be more than $3,600.00 per annum",
so that when so amended Section 7 of said Act shall read as follows:
"Section 7. Judge's Compensation. The Board of Commissioners of Gwinnett County shall fix and pay the compensation of said judge."
Section 2. Said Act is further amended by designating the current undesignated subsections of Section 14 of said Act as subsections (a) and (b) and by adding at the end of Section 14 the following:
"(c) Any person who is placed on probation under subsection (b) as a result of having been found guilty of violating any traffic law of this State shall serve such probation under the supervision of the Department of Offender Rehabilitation."
Section 3. Said Act is further amended by adding immediately following Section 30 a new section to read as follows:
"Section 30A. Witness Fees. Any peace officer of Gwinnett County who is required to appear during off-duty hours as a witness in the recorder's court shall receive the sum of $ 12.00 per day."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 Session of the General Assembly of Georgia a Bill to Amend an Act creating the Recorder's Court of Gwinnett County, Georgia, so as to clarify the provisions of said Act as to punishment; compensation; and for other purposes.
Isi Vinson Wall Representative, 61st District

GEORGIA LAWS 1980 SESSION

3541

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who, on oath, deposes and says that he/she is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 23, 30, 1980, February 6, 1980.

Is/ Vinson Wall Representative, 61st District

Sworn to and subscribed before me, this 7th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
EFFINGHAM COUNTY - BOARD OF EDUCATION, REFERENDUM.
No. 849 (House Bill No. 1689).
AN ACT
To provide for the election of the members of the board of education of Effingham County; to provide for staggered terms; to provide for terms of office; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The board of education of Effingham County shall be composed of five citizens of said county who shall be elected by the voters of the entire county as hereinafter provided. In order to provide for staggered terms of office of the members of the board of education of Effingham County, the three members of the board elected to represent Militia Districts 9, 10, and 12, respectively, shall be elected at the general election in 1980 and they shall each hold office for a reduced term of two years beginning the first day of January, 1981. The terms of office of the two members elected to represent Militia Districts 11 and 1559 shall be elected at the general election in 1980 and they shall hold office for a full term of four years beginning the first day of January, 1981. All members of the board shall Serve until their successors are elected and qualified. Successors to all five of the members elected at the general election in 1980 shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified.
Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Effingham County to issue the call for an election for the purpose of submitting this Act to the electors of Effingham County for approval or rejection. The superintendent shall set the date of such election for the second Tuesday in August, 1980. At least 29 days shall intervene between the issuance of the

GEORGIA LAWS 1980 SESSION

3543

call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Effingham County. The ballot shall have written or printed thereon the words:

"[ ] YES Shall the Act providing for the election of the members of the board of education of Ef-
H 'll NO fingham County and providing for staggered terms of office of the members of the board be approved?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Effingham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Bill.
Notice is hereby given that the Board of Education of Effingham County intends to apply for a local bill in the 1980 Session of the General Assembly of Georgia, conditioned upon approval by a majority of the qualified voters of Effingham County voting in a referendum thereon in the 1980 general election, to provide for the public election of the members of the Board of Education of Effingham County in staggered terms as follows: The three members from the 9th, 10th, and 12th Militia Districts elected in the 1980 General Election shall each hold office for a reduced term of two

3544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
years beginning January 1, 1981, and they or their successors shall stand for election in the 1982 General Election for a full four-year term beginning January 1, 1993. The terms of office of the two members from the 11th and 1559th Militia Districts elected in the 1980 General Election shall remain four years beginning on January 1,1981. In this manner either two or three members of the Board of Education must be elected in each biennial General Election.
This 14th day of January, 1980.
J. Michael Moore, Superintendent of Schools and Secretary of the Board of Education of Effingham County.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George A. Chance, Jr. who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Springfield Herald which is the official organ of Effingham County, on the following dates: January24,31, 1980 and February 7, 1980.
Is/ George A. Chance, Jr. Representative, 129th District

GEORGIA LAWS 1980 SESSION

3545

Sworn to and subscribed before me, this 11th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

CLAY COUNTY i~ SMALL CLAIMS COURT.
No. 850 (House Bill No. 1690).
AN ACT
To create and establish a Small Claims Court in and for Clay County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. 111-2

3546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small Claims Court in and for Clay County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.
Section 2. (a) On or before the effective date of this Act, the governing authority of Clay County shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed by the governing authority of Clay County and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority of Clay County, and such successor shall serve for the remainder of the unexpired term.
(b) In order to serve as judge of the Small Claims Court created by this Act, a person must be a resident of Clay County, be at least 21 years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity.
(c) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.
Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Clay County, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may

GEORGIA LAWS 1980 SESSION

3547

appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(e) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice.

3548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If

GEORGIA LAWS 1980 SESSION

3549

both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The judge of the Superior Court of Clay County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "Small Claims Court Bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs

3550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:
"Small Claims Court of Clay County
Georgia
Plaintiff
Address

GEORGIA LAWS 1980 SESSION

3551

vs.

Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of
being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me,

this

day of

, 19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)

Notice.
TO: Defendant

Home Address or

Business Address

3552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

dollars ($

), as shown by

the foregoing statement. The court will hold a hearing upon this

claim on

.at .m. at

(address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

You may come with or without an attorney.

(Seal)."

Judge-Clerk of the Small Claims Court of ClaY County

Section 18. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the county governing authority. They shall also provide a suitable room in the courthouse for the holding of said court.

Section 19. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as

GEORGIA LAWS 1980 SESSION

3553

provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 20. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
Section 21. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 22. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.
Section 23. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.

3554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that I shall Introduce a bill in the 1980 Session of the General Assembly to create a Small Claims Court of Clay County, Georgia, and to establish the jurisdiction, procedure, fees, appointment, or election of the judge, administrative staff and all ancillary matters pertaining thereto.
This 4th day of December, 1979.
Bob Hanner Representative, 130th District Jimmy Hodge Timmons Senator, 11th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cuthbert Times and News Record which is the official organ of Clay County, on the following dates: January 24, 31, 1980, February 7, 1980.
Isi Bob Hanner Representative, 130th District

GEORGIA LAWS 1980 SESSION

3555

Sworn to and subscribed before me, this 11th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

CATOOSA COUNTY - COMPENSATION OF CORONER.
No. 851 (House Bill No. 1691).
AN ACT
To amend an Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. Laws 1967, p. 2222), so as to increase the salary of the coroner; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Catoosa County on an annual salary, approved March 17, 1967 (Ga. Laws 1967, p. 2222), is hereby amended by striking from Section 2 of said Act the following;
"$600.00",
and inserting in lieu thereof the following:

3556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$1,200.00",
so that when so amended Section 2 shall read as follows:
"Section 2. The coroner shall receive an annual salary of $1,200.00, payable in equal monthly installments from the funds of Catoosa County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation to increase the salary of the Coronor of Catoosa County, Georgia at the 1980 January Session of the General Assembly of the State of Georgia.
This the 19th day of December, 1979.
David L. Carlock, Coroner, Catoosa County, Georgia
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issued dated, to-wit: December 27, 1979, January 3, 1980, and January 10,1980.
Isl Jim Caldwell

GEORGIA LAWS 1980 SESSION

3557

Sworn to and subscribed before me, this the 28th day of January, 1980.

Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981.
;J '(Seal).

Approved March 18, 1980.

UNION COUNTY HOSPITAL AUTHORITY - VACANCIES.
No. 853 (House Bill No. 1693).
AN ACT
To provide for filling vacancies on the board of trustees of the Union County Hospital Authority; to provide for matters relative thereto; to repeal conflicting laws; and for other matters.
Be it enacted by the General Assembly of Georgia:
Section 1. Vacancies occurring after the effective date of this Act on the board of trustees of the Union County Hospital Authority for any reason shall be filled as follows:
(a) The governing authority of Union County shall fill such vacancies for four of the five members of said board of trustees. If the vacancy is filled because of the expiration of a term of office, the person appointed by said governing authority shall be appointed for a term of six years. If the vacancy is filled for a reason other than the expiration of term, the vacancy shall be filled for the unexpired

3558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term. Terms of office shall be six years for all persons appointed by said county governing authority, except for appointments to fill vacancies for unexpired terms as provided herein.
(b) The fifth member of said board of trustees shall be appointed by the governing authority of the City of Blairsville when a vacancy occurs. The member appointed by the governing authority of said city shall be the member whose regular term of office expires in a year different from any other member of the board of trustees. The appointment of such member by said governing authority shall be for a term of six years, unless the appointment is made to fill the vacancy for a reason other than the expiration of the term of office, and in that event, the appointment shall be made to fill the vacancy until the expiration of the term of office.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill relative to filling vacancies on the Union County Hospital authority; and for other purposes.
This 18th day of January, 1980.
Carlton Colwell Representative, 4th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath,

GEORGIA LAWS 1980 SESSION

3559

deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The North Georgia News which is the official organ of Union County, on the following dates: January 24, 31, 1980, February 7, 1980.

Isl Carlton Colwell Representative, 4th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981.
i- (Seal).

Approved March 18, 1980.

MADISON COUNTY - COMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS.
No. 854 (House Bill No. 1697).
AN ACT
To amend an Act creating a board of commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965,p. 2667), as amended, particularly by an Act approved February 27, 1976 (Ga. Laws 1976, p. 2733), so as to change the compensation of the chairman of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

3560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965, p. 2667), as amended, particularly by an Act approved February 27, 1976 (Ga. Laws 1976, p. 2733), is hereby amended by striking in its entirety subsection (a) of Section 9 thereof, which reads as follows:
"(a) The Chairman of the Board of Commissioners of Madison County shall receive a salary of $12,000.00 per annum payable in equal monthly installments from county funds. Other members of the board shall receive a salary,of $2,400.00 per annum payable in equal monthly installments from county funds.",
and inserting in lieu thereof the following:
"(a) The chairman of the board of commissioners of Madison County shall receive a salary of $2,400.00 per annum more than the annual salary now or hereafter received by the sheriff of Madison County. The salary of the chairman shall be payable in equal monthly installments from county funds. Other members of the board shall receive a salary of $2,400.00 per annum payable in equal monthly installments from county funds."
Section2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced during the regular 1980 session of the General Assembly of Georgia a bill to amend the Act creating the Board of Commissioners of Madison County, Georgia, approved March 27, 1965 (Ga. Laws 1965, p. 2667), as amended; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3561

This 19th day of January, 1980.

Louie Clark Representative, 13th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Clark who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: January 25, 1980, February 1,8, 1980.

/sl Louie Clark Representative, 13 th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
MADISON COUNTY - COMPENSATION OF CORONER.
No. 855 (House Bill No. 1698).
AN ACT
To amend an Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, approved March 31, 1965 (Ga. Laws 1965, p. 3068), as amended, so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the clerk of the superior court, the ordinary, the tax commissioner, and the coroner of Madison County and providing in lieu thereof an annual salary, approved March 31, 1965 (Ga. Laws 1965, p. 3068), as amended, is hereby amended by striking from Section 5 thereof the following:
"$600.00",
and inserting in lieu thereof the following:
"$2,400.00",
so that when so amended said Section 5 shall read as follows:
"Section 5. The coroner shall receive an annual salary of $2,400.00, payable in equal monthly installments from the funds of Madison County."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3563

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introducted at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act setting the salary of the coroner, approved March 31,1965 (Ga. Laws 1965, p. 3068), as amended, so as to change the salary of the coroner; and for other purposes.

This 19th day of January, 1980.

Louie Clark Representative, 13th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie Clark who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following dates: January 25, 1980, February 1,8, 1980.

Isl Louie Clark Representative, 13th District

3564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
1st , Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
CITY OF MANCHESTER M CORPORATE LIMITS. No. 856 (House Bill No. 1704). AN ACT
To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2236), so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2236), is hereby amended by adding at the end of Section 3 thereof the following: "Also, all that tract or parcel of land situate and being in Land Lot 236 of the Second (Gill) District of Meriwether County, Georgia, and being described as all that part of said Land Lot 236

GEORGIA LAWS 1980 SESSION

3565

which is bounded as follows: North by the north line of said Land Lot 236; East by land known as Elmer Loftin Land, South by the present city limit of the City of Manchester (being the center of Pigeon Creek); and West by west line of said Land Lot 236."
Section2. This Act shall become effective December 31, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071), as amended, so as to change the corporate limits of said city; and for other purposes.
This 28th day of December, 1979.
Claude A. Bray, Jr. Representative, 70th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. BrayJr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Talbotton News Era which

3566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is the official organ of Talbot County, on the following dates: January 3, 10, 17, 1980.
' /s/ Claude A. Bray, Jr. Representative, 70th District
Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. Laws 1909, p. 1071) as amended, so as to change the corporate limits of said city, and for other purposes.
This 28th day of December, 1979.
Claude A. Bray, Jr. Representative, 70th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr. who, on oath, deposes and says that he/she is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator

GEORGIA LAWS 1980 SESSION

3567

which is the official organ of Meriwether County, on the following dates: January 25, 1980, February 1,8, 1980.
Isl Claude A. Bray, Jr. Representative, 70th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

LOWNDES COUNTY COMPENSATION OF BOARD OF COMMISSIONERS.
No. 857 (House Bill No. 1717).
AN ACT
To amend an Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2975) and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3126), so as to change the compensation of the members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Lowndes County, approved February 12, 1945 (Ga. Laws 1945, p. 639), as amended, particularly by an Act approved March 27, 1972

3568 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. Laws 1972, p. 2975) and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3126), is hereby amended by striking from Section 4 the following:
"$450.00",
and inserting in lieu thereof the following:
"$550.00",
and by striking therefrom the following:
"$400.00",
and inserting in lieu thereof the following:
"$500.00",
so that when so amended Section 4 shall read as follows:
"Section 4. On and after the effective date of this Act, the chairman of the board shall be compensated in the sum of $550.00 per month, and each of the other members of the board shall be compensated in the amount of $500.00 per month. In the event that the chairman or any other board member shall go without the limits of the county in the discharge of his duties, he shall be paid the actual expenses incurred, in addition to the aforesaid compensation."
Section2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3569

Notice of Intention to Introduce Local Legislation.

Georgia, Lowndes County.
Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia local legislation to change the compensation of the members of the Board of Commissioners.

This 16th day of January, 1980.

Lowndes County Acting by and through its Board of Commissioners

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Beck who, on oath, deposes and says that he/she is Representative from the 148th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: January 19, 26, 1980, February 2, 1980.

Isl James M. Beck Representative, 148th District

3570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
CATOOSA COUNTY -g| COMPENSATION, ETC. OF NAMED COUNTY OFFICERS AND EMPLOYEES.
No. 858 (House Bill No. 1721).
AN ACT
To amend an Act placing the judge of the Probate Court and clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. Laws 1959, p. 2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4215), so as to increase the salary of the clerk of the superior court; to increase the maximum allowance for clerical help for the clerk; to increase the maximum allowance for clerical help for the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the judge of the Probate Court and clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. Laws 1959, p.

GEORGIA LAWS 1980 SESSION

3571

2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4215), is hereby amended by striking from Section 2 the following:

"$16,500.00",

and substituting in lieu thereof the following:

"$20,000.00",

so that when so amended Section 2 shall read as follows:

"Section 2. The salaries of the said county officers shall be as follows:

The Judge of the Probate Court .... $ 7,000.00 per annum

Clerk of the Superior Court

$20,000.00 per annum

All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa County."

Section 2. Said Act is further amended by striking from Section 3 the following:

"$12,600.00" and "$13,000.00",

and inserting in lieu thereof the following:

"$14,600.00" and "$26,000.00",

so that when so amended Section 3 shall read as follows:

"Section 3. The maximum allowance to be paid for clerical help shall be:

Clerical help for the Judge of the Probate Court
Clerical help for the Clerk of the Superior Court .

$14,600.00 per annum $26,000.00 per annum

3572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the judge of the probate court shall be related to said judge closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk closer than the fifth degree of consanguinity or affinity. The allowances provided in this section shall be used to employ fulltime clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the county."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation to increase the salary of- the Clerk of the Superior Court of Catoosa County, Georgia, and to increase the clerical allowance for said office, at the January, 1980 Session of the General Assembly of the State of Georgia.
This the 19th day of December, 1979.
Norman L. Stone, Clerk, Superior Court Catoosa County, Georgia

GEORGIA LAWS 1980 SESSION

3573

Georgia, Catoosa County.

Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell who on oath states that he is Publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980.

Isl Jim Caldwell

Sworn to and subscribed before me, this the 28th day of January, 1980.

Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be requested local legislation to increase the clerical allowance in the office of the Probate Court, at the January, 1980 Session of the General Assembly of the State of Georgia.

This the 19th day of December, 1979.

Sam T. Dills, Probate Judge of Catoosa County, Georgia

3574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News three times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980.
Isl Jim Caldwell
Sworn to and subscribed before me, this the 28th day of January, 1980.
Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3575

EARLY COUNTY CLERK FOR BOARD OF COMMISSIONERS.
No. 859 (House Bill No. 1723).
AN ACT
To amend an Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, so as to change the provisions relating to the clerk of the board of commissioners; to provide for the board of commissioners to appoint a clerk of the board; to provide for the compensation of the clerk; to provide for the duties of the clerk; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The Board of Commissioners of Early County shall appoint a clerk of such board who shall serve at the pleasure of the board and who shall keep a record of all meetings and actions of said board and shall perform such other duties as prescribed by the board or general or special law. The board shall determine the compensation of the clerk, which compensation shall be paid in equal monthly or semimonthly installments from county funds."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, P. 515), as amended; and for other purposes.

3576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 15th day of January, 1980.
Ralph J. Balkcom
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Balkcom who, on oath, deposes and says that he/she is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: January 17, 24, 31, 1980.
/s/;d Ralph Balkcom Representative, 140th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3577

EARLY COUNTY - OFFICE OF TREASURER ABOLISHED.
No. 860 (House Bill No. 1724).
AN ACT
To abolish the office of treasurer of Early County; to provide for the clerk of the board of commissioners of Early County to possess and discharge the duties, powers, and functions heretofore performed by the county treasurer; to provide that the board of commissioners of Early County shall appoint depositories for county funds; to provide procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L Effective at the end of the present term of the treasurer of Early County on December 31, 1980, the office of treasurer of Early County is hereby abolished. All of the duties, powers, and functions heretofore performed by the said county treasurer shall thereafter be possessed and discharged by the clerk of the board of commissioners of Early County.
Section 2. Beginning January 1, 1981, the governing authority of Early County shall from time to time, or as often as it may be deemed necessary or desirable, designate one or more duly incorporated banks to act as depositories of and for the public funds of Early County, which said bank or banks shall hold at the will of the commissioners.
Section 3. Such depository or depositories shall be selected under such rules and regulations as may be prescribed by the board of commissioners of Early County.
Section 4. Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement showing the amount of funds deposited and paid out during the month and the balance remaining on deposit, together with all canceled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioner*'
112-2

3578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to abolish the office of treasurer of Early County; and for other purposes.
This 15th day of January, 1980.
Ralph J. Balkcom
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Balkcom who, on oath, deposes and says that he/she is Representative from the 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: January 17, 24,31, 1980.
Is/ Ralph Balkcom Representative, 140th District

GEORGIA LAWS 1980 SESSION

3579

Sworn to and subscribed before me, this 4th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.

LONG COUNTY - TAX COMMISSIONER'S COMPENSATION.
No. 861 (House Bill No. 1739).
AN ACT
To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, particularly by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3828), so as to provide that the tax commissioner shall not receive additional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended, particularly by an Act approved March 16,

3580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
1978 (Ga. Laws 1978, p. 3828), is hereby amended by striking Section 4 of said Act in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Long County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. Except as hereinafter provided, it is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including the commission on the taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. It is specifically provided, however, that the tax commissioner shall be entitled to receive, in addition to the salary provided by Section 3 of this Act, those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Long County into the office of tax commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), as amended; and for other purposes.
This 10th day of January, 1980.
Thomas B. Clifton, Jr.

GEORGIA LAWS 1980 SESSION

3581

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ludowici News which is the official organ of Long County, on the following dates: January 24, 31, 1980, February 7, 1980.

Is/ Thomas B. Clifton, Jr.
Representative, 121st District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWN OF HARRISON - CHARTER AMENDED.
No. 862 (House Bill No. 1743).
AN ACT
To amend an Act providing a new charter for the Town of Harrison, approved February 28, 1966 (Ga. Laws 1966, p. 2362), so as to designate the mayor's court of the Town of Harrison as the recorder's court of the Town of Harrison; to provide for the election, qualifications, and compensation of the recorder of such court; to provide for jurisdiction; to change certain penalties; to provide for binding over to other courts; to change certain provisions as to bonds and the compelling of attendance of witnesses; to provide for jurisdiction regarding nuisances; to provide for pending cases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the Town of Harrison, approved February 28, 1966 (Ga. Laws 1966, p. 2362), is hereby amended by striking in their entirety Sections 20 and 21 thereof, which read as follows:
"Section 20. The mayor and council shall have powers to organize a mayor's court and the mayor, or acting mayor, shall preside on said court. The mayor, or acting mayor, may punish all violations of said ordinances of the Town of Harrison by fine not to exceed one hundred ($100.00) dollars or may sentence any violator to work on the streets of the town of Harrison for a period of not more than ninety (90) days.
Section 21. The mayor shall have the power in his court, if the offense charged against the prisoner be beyond his jurisdiction, to commit said prisoner to the city court of Washington County or to the superior court of said county.",
and inserting in lieu thereof the following:
"Section 20. The mayor's court of the Town of Harrison existing immediately prior to the effective date of this section shall be

GEORGIA LAWS 1980 SESSION

3583

designated hereafter as the `recorder's court of the Town of Harrison' and shall be presided over by a recorder, who shall serve in lieu of the mayor and acting mayor. Such recorder shall possess such qualifications and shall receive such compensation as shall be fixed by the mayor and council of the Town of Harrison and shall serve at the pleasure of the mayor and council. The recorder's court of the Town of Harrison shall try and punish all violators of the ordinances of the Town of Harrison. Persons convicted of such violations may be punished by said court by a fine not to exceed $500.00 or by being sentenced to work on the streets of the Town of Harrison for a period of not more than 90 days.
Section 21. The recorder's court of the Town of Harrison shall have the authority to bind persons over to the appropriate court when it appears by probable cause that a state law has been violated."
Section 2. Said Act is further amended by striking in its entirety Sections 24 and 25 thereof, which read as follows:
"Section 24. The marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said person giving bond, to be approved by the mayor or acting mayor of said town, conditioned to pay to the Town of Harrison an amount fixed by the mayor or acting mayor of said town. In the event such person arrested does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time, until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the mayor's court of said Town of Harrison. The mayor and council shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit such bond before the mayor's court, and to pass ordinances to carry this provision into effect.
Section 25. The mayor and council may by ordinance declare what shall be nuisances in said town, and by ordinance provide for the abatement of the same. The mayor's court shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances.",

3584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
"Section 24. The marshal or any policeman of said town shall release any person arrested for a violation of the ordinances of said town upon said person giving bond, to be approved by the recorder's court of the Town of Harrison, conditioned to pay to the Town of Harrison an amount fixed bv the recorder of said court. In the event such person arrested does not appear before the said recorder's court at the time and place specified in the bond, and from time to time, until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond, said bond may be forfeited before the recorder's court. The recorder's court shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment, if necessary, and to take bonds to secure their attendance, and to forfeit such bond.
Section 25. The mayor and council may by ordinance declare what shall be nuisances in said town. The recorder's court of the Town of Harrison shall have jurisdiction in respect to the trial and abatement of all such nuisances."
Section 3. Nothing in this Act shall be construed to affect any case pending in the mayor's court of the Town of Harrison immediately prior to the effective date of this Act, except that the designation of such court, presiding officer of such court, and his powers shall be as provided in this Act for all such pending cases.
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Public Notice.
I intend to introduce into the next term of the Georgia General Assembly a local bill to amend the Charter of the City of Harrison

GEORGIA LAWS 1980 SESSION

3585

to establish a Recorder's Court and to establish the amount of fines and for other purposes.
Jimmy Lord Representative, 105th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 17, 24,31, 1980.

Isi Jimmy Lord Representative, 105th District

Sworn to and subscribed before me, this 12th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GORDON COUNTY - COMPENSATION OF NAMED COUNTY OFFICERS.
No. 863 (House Bill No. 1746).
AN ACT
To amend an Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2711), so as to change the provisions relative to the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2711), is hereby amended by striking from Section 2 the following:
"$15,000.00",
and inserting in lieu thereof the following:
"$20,000.00",
so that when so amended Section 2 shall read as follows:
"Section 2. The Clerk of the Superior Court of Gordon County shall receive a salary of $20,000.00 per annum which shall be paid in equal monthly installments from the funds of Gordon County."
Section 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The Judge of the Probate Court of Gordon County shall receive a salary of $18,200.00 per annum which shall be paid

GEORGIA LAWS 1980 SESSION

3587

in equal monthly installments from the funds of Gordon County. In addition thereto, said judge of the probate court shall receive the compensation provided for judges of the probate courts by Section 2 of the Act providing minimum salaries for judges of the probate courts of the various counties, approved April 5, 1978 (Ga. Laws 1978, p. 1953)."
Section 3. This Act shall become effective on January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the Superior Court and the judge of the Probate Court of Gordon County upon an annual salary, approved March 21, 1968 (Ga. Laws 1968, p. 2186), as amended; and for other purposes.
This 18th day of January, 1980.
Earnest Ralston Representative, 7th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earnest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980.

3588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Is/ Earnest Ralston Representative, 7th District
Sworn to and subscribed before me, this 12th day of February, 1980.
'Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
GORDON COUNTY M COMPENSATION OF TAX COMMISSIONER.
No. 864 (House Bill No. 1747).
AN ACT To amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. Laws 1964, p. 3066), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2713), so as to change the provisions relative to the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1, An Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. Laws 1964, p.

GEORGIA LAWS 1980 SESSION

3589

3066), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2713), is hereby amended by striking from Section 2 the figure "$15,000.00" and inserting in lieu thereof the figure "$20,000.00", so that when so amended Section 2 shall read as follows:
"Section 2. The tax commissioner shall receive an annual salary of $20,000.00, payable in equal monthly installments from the funds of Gordon County."
Section 2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing an annual salary for said officer, approved March 18, 1964 (Ga. Laws 1964, p. 3066), as amended; and for other purposes.
This 18th day of January, 1980.
Ernest Ralston Representative, 7th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District,

3590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980.
Isl Ernest Ralston Representative, 7th District
Sworn to and subscribed before me, this 12th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 18, 1980.
UPSON COUNTY - COMPENSATION OF JUDGE OF PROBATE COURT.
No. 865 (House Bill No. 1757).
AN ACT To amend an Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2091) , as amended, particularly by an Act approved January 6, 1977 (Ga. Laws 1977, p. 2748), so as to allow, at the option of the governing authority of Upson County, Georgia, annual increases in compensation of the Judge of the Probate Court of Upson County; to

GEORGIA LAWS 1980 SESSION

3591

provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of Upson County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2091), as amended, particularly by an Act approved January 6, 1977 (Ga. Laws 1977, p. 2748), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows:
"Section 1. The method of compensating the Judge of the Probate Court of Upson County, known as the fee system is hereby abolished and in lieu thereof the said judge shall receive a salary of twelve thousand five hundred dollars ($12,500.00) per annum, payable in equal monthly installments from the funds of Upson County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to the said judge, regardless of the capacity in which said judge's services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered; provided, however, that notwithstanding any other provision hereof, the said judge of the probate court shall also be entitled to receive, in addition to the salary herein provided, the additional salary allowed to judges of probate courts for conducting elections and for being responsible for traffic cases authorized by section 2 of an Act providing minimum salaries for judges of the probate court, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as now or hereafter amended; and provided, further, that said judge of the probate court shall also be entitled to receive annual increases in salary authorized by section 3 of said 1978 Act, as now or hereafter amended. The governing authority of Upson County is hereby empowered to make annual increases in the salary of the said judge of the probate court, but shall not be required to do so, which increases, if made, shall be at any rate not greater than six percent of the total salary of said judge of the probate court in the previous year."
Section 2. The salary payments due said judge of the probate court for that portion of the calendar year 1980 remaining after the

3592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
effective date of this Act, at the discretion of the governing authority of Upson County, Georgia, may be adjusted proportionately by an amount not to exceed six percent of said salary during the calendar year 1980.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a local bill to grant authority to the governing authority of Upson County to adjust the salary of the judge of the probate court of Upson County, Georgia, by a rate not to exceed six percent; to provide an effective date therefor; to repeal conflicting laws; and for other purposes.
The 15th day of January, 1980. Upson County Board of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times which is the official organ of Upson County, on the following dates: January 16,23,30, 1980.
/si Marvin Adams Representative, 79th District

GEORGIA LAWS 1980 SESSION

3593

Sworn to and subscribed before me, this 11th day of February, 1980.

Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large.
My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

LAMAR COUNTY -- COMPENSATION OF BOARD OF COMMISSIONERS.
No. 866 (House Bill No. 1758).
AN ACT
To amend an Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, so as to change the provisions relating to the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of commissioners for Lamar County, approved March 8, 1943 (Ga. Laws 1943, p. 1066), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows;

3594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 6. The chairman of the board shall receive as compensation for his services as such the sum of $350.00 per month. In addition to such compensation, the chairman of the board shall also receive an expense allowance of $150.00 per month. The other members of the board shall receive as compensation for their services as such the sum of $300.00 per month. In addition, the chairman and other two members of the board shall receive actual expenses incurred by them while conducting county business outside Lamar County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to amend an Act creating the Board of Commissioners for Lamar County, approved March 8, 1943, as amended, so as to change provisions relative to compensation of the Chairman and Board members; to provide for other matters relative to the foregoing; to repeal conflicting laws and for other purposes.
Lamar County Board of Commissioners By: Gus M. English, Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and

GEORGIA LAWS 1980 SESSION

3595

says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News'Gazette which is the official organ of Lamar County, on the following dates: January 24, 31, 1980, February 7, 1980.

Isl Bill Jones Representative, 78th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

LAMAR COUNTY - COMPENSATION OF JUDGE OF PROBATE COURT.
No. 867 (House Bill No. 1759).
AN ACT
To amend an Act abolishing the fee system of compensating the judge of the Probate Court (formerly ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended, so as to change the compensation of the said judge; to provide an effective date; to repeal conflicting laws; and for other purposes.

3596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the judge of the Probate Court (formerly ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2636), as amended, is hereby 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 receive an annual salary of $14,000.00. Said salary shall be paid in equal monthly installments from the funds of Lamar County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly, a bill to amend an Act providing an annual salary for the Probate Judge of Lamar County, approved March 27, 1972, Georgia Laws 1972, page 2636, as amended, so as to change provisions relating to the compensation of said Judge: To provide for other matters relative to the foregoing: to repeal conflicting laws and for other purposes.
Lamar County Board of Commissioners By: Gus M. English, Chairman

GEORGIA LAWS 1980 SESSION

3597

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News Gazette which is the official organ of Lamar County, on the following dates: January 24, 31, 1980, February 7, 1980.

Isl Bill Jones Representative, 78th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

LAMAR COUNTY - COMPENSATION OF TAX COMMISSIONER.
No. 868 (House Bill No. 1760).
AN ACT
To amend an Act abolishing the fee system of compensating the tax commissioner of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2639), as amended, so as to change the compensation of said tax commis-

3598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system of compensating the tax commissioner of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 2639), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows;
"Section 2. The tax commissioner shall receive an annual salary of $14,000.00. Said salary shall be paid in equal monthly installments from the funds of Lamar County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that there be introduced at the regular session of the Georgia General Assembly,, a bill to amend an Act providing an annual salary for the Tax Commissioner of Lamar County, approved March 27, 1972, Georgia Laws of 1972, page 2639, as amended, so as to change provisions relating to the compensation of said Tax Commissioner; to provide for other matters relative to the foregoing; to repeal conflicting laws and for other purposes.
Lamar County Board of Commissioners By: Gus M. English, Chairman

GEORGIA LAWS 1980 SESSION

3599

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News Gazette which is the official organ of Lamar County, on the following dates: January 24, 31, 1980, February 7, 1980.

Isl Bill Jones Representative? 78th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 18, 1980.

3600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COMPENSATION OF NAMED OFFICERS OF CERTAIN COUNTIES (180,000 - 190,000).

No. 869 (House Bill No. 1862).

AN ACT

To amend an Act to proyide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved March 2, 1979 (Ga. Laws 1979, p. 3085), so as to change the compensation of certain officers; to provide for the compensation of certain officers; to provide for severability; to repeal certain specific Acts; to provide effective dates; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. An Act to provide for the compensation of certain officers of counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, approved March 2, 1979 (Ga. Laws 1979, p. 3085), is hereby amended by striking subsection (a) of Section 1 of said Act, which reads as follows:

"(a) In all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United
States decennial census of 1970 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the minimum salary set forth as follows:

Tax Commissioner Clerk of the Superior Court Judge of the Recorder's
Court

$26,000 per annum. $22,500 per annum.
$30,000.00 per annum.",

and substituting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

3601

"(a) (1) Notwithstanding any other provisions of the law to the contrary in all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall be not less than the salary set forth as follows:

Tax Commissioner Sheriff Clerk of the Superior
Court
Clerk of the State Court Sheriff of the State
Court Judge of the Municipal
Court Judge of the Recorder's
Court
Judge of the Probate Court
Judge of the Juvenile Court
Judge of the State Court Coroner

$28,500.00 per annum $28,000.00 per annum
$27,500.00 per annum $25,000.00 per annum
$27,500.00 per annum
$22,000.00 per annum
$36,000.00 per annum
$36,000.00 per annum
$36,000.00 per annum $40,000.00 per annum $ 7,800.00 per annum."

Section 2. Said Act is further amended by adding, immediately following paragraph (1) of subsection (a) of Section 1 of said Act, the following:

"(2) Notwithstanding any other provisions of the law to the contrary in all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census, each of the officers and officials of any such county listed below shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not exceed the salary set forth as follows:

Chairman of the Board of Commissioners . . .
Members of the Board

$15,000.00 per annum

3602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

of Commissioners

$ 7,200.00 per annum."

Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 4. (a) An Act to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved April 24, 1975 (Ga. Laws 1975, p. 4554), as amended by an Act approved March 11, 1977 (Ga. Laws 1977, p. 347), is hereby repealed in its entirety.

(b) An Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4095), is hereby repealed in its entirety.

Section 5. This Act shall become effective on January 1, 1981, except for the provisions of this Act fixing the compensation of the
Judge of the Juvenile Court, which shall become effective on July 1, 1980.

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved March 18, 1980.

GEORGIA LAWS 1980 SESSION

3603

W. B. SMITH MEMORIAL BRIDGE DESIGNATED.
No. 98 (House Resolution No. 573-1536).
A RESOLUTION
Designating a certain bridge as the W. B. Smith Memorial Bridge; and for other purposes.
WHEREAS, the late W. B. Smith was active in both civic and community affairs in Washington County; and
WHEREAS, he was a major employer in the City of Tennille; and
WHEREAS, he was a former mayor of the City of Tennille and a former commissioner of Washington County; and
WHEREAS, his devotion and loyalty to his community will always be symbolized as a bridge of strength for those who follow him in public service; and
WHEREAS, it is only fitting and proper that the lifetime of outstanding service by W. B. Smith to the City of Tennille, Washington County, and the State of Georgia be honored with a memorial bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the grade separation bridge spanning the tracks of Southern Railroad in the City of Tennille and scheduled for completion in December, 1980, shall be designated the W. B. Smith Memorial Bridge.
BE IT FURTHER RESOLVED that, upon completion of the bridge, the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the W. B., Smith Memorial Bridge.

3604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the family of the late W. B. Smith.
Approved March 21,1980.
STONEWALL JACKSON PATTERSON MEMORIAL BRIDGE.
No. 100 (House Resolution No. 682-1706).
A RESOLUTION
Authorizing and directing the State Department of Transportation to designate a bridge in Stewart County, Georgia, as the Stonewall Jackson Patterson Memorial Bridge; and for other purposes.
WHEREAS, Mr. Stonewall Jackson Patterson was a long-time and distinguished resident of Chattahoochee County, Georgia; and
WHEREAS, Mr. Patterson was the son of pioneers, Robert Carr and Hester Shaw Patterson, who settled in what is now Chattahoochee County in 1833; and
WHEREAS, Mr. Patterson was a leader in the political affairs of the community, having served on the Chattahoochee County Commission for 28 years; and
WHEREAS, Mr. Patterson was also a leader in the agricultural development of the area, having brought the first purebred Hereford cattle there in 1912; and
WHEREAS, Mr. Patterson operated a country store, cotton gin, and sawmill in Renfroe, Georgia, where several generations of descendants of Mr. Patterson still live.

GEORGIA LAWS 1980 SESSION

3605

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to designate the bridge on the Stewart and Chattahoochee county line immediately east of State Route 55 which crosses the Seaboard Coastline Railroad at Renfroe, Georgia, and is shown on County Road 102 as the Stonewall Jackson Patterson Memorial Bridge.
BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. Stonewall Jackson Patterson.
Approved March 21, 1980.

STATE COURT OF HALL COUNTY^ JUDGE'S COMPENSATION.
No. 1018 (Senate Bill No. 218).
AN ACT
To amend an Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Hall County, approved August 14, 1891 (Ga. Laws 1890-91, Vol. II, p. 939), as amended, is hereby amended by striking Section 2A in its entirety and inserting in lieu thereof a new Section 2A to read as follows:
"Section 2A. The judge of said court shall receive a salary of $32,500.00 per annum. The solicitor of said court shall receive a

3606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
salary of $24,000.00 per annum. Said salaries shall be paid in equal monthly installments from the funds of Hall County."
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1979 Session of the General Assembly a bill to amend an Act creating the City (now State Court) of Hall County, as amended, March 30, 1971, Ga. L. 1971, vol 2, p. 2505 and as amended March 31, 1976, Ga. L. 1976, vol 2, p. 3773, so as to change the compensation of the judge of said court and to provide for an effective date, and for other purposes.
This 17th day of January, 1979.
Howard T. Overby State Senator
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he/she is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 17, 1979, January 24, 1979 and January 31, 1979.
-/s/ Howard T. Overby Senator, 49th District

GEORGIA LAWS 1980 SESSION

3607

Sworn to and subscribed before me, this 9th day of February, 1979.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

CORONERS' COMPENSATION IN CERTAIN COUNTIES (33,600 - 34,500).
No. 1019 (Senate Bill No. 333).
AN ACT
To amend an Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition, approved March 30, 1977 (Ga. Laws 1977, p. 4212), so as to change the amount of the fee; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the fee of the coroner of any county of this State having a population of not less than 33,600 and not

3608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
more than 34,500, according to the United States Decennial Census of 1970, or any future such census, for summoning an inquest on a dead body and returning an inquisition, approved March 30, 1977 (Ga. Laws 1977, p. 4212), is hereby amended by striking from Section 1 the following:
"$35",
and inserting in lieu thereof the following:
"$50",
so that when so amended Section 1 shall read as follows:
"Section 1. Any other provision of law to the contrary notwithstanding, the coroner of any county of this State having a population of not less than 33,600 and not more than 34,500, according to the United States Decennial Census of 1970, or any future such census, shall receive a fee of $50 for summoning an inquest on a dead body and returning an inquisition."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.
STATE COURT OF COBB COUNTY - JUDGE PRO HAC VICE.
No. 1020 (Senate Bill No. 440). AN ACT
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended,

GEORGIA LAWS 1980 SESSION

3609

so as to change certain provisions relating to the judge pro hac vice; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, is hereby amended by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows:
"Section 13. Judge pro hac vice. The judges of the state court may appoint some qualified person as a judge pro hac vice to discharge the duties of the judges temporarily when the services of a judge pro hac vice are required or when the judges are unable or disqualified to discharge the duties of their office. In the event the judges disagree as to the selection of a judge pro hac vice or any other matter respecting the judge pro hac vice, the judge senior in service shall make the decision. When the appointment of such a person as judge pro hac vice, together with his oath, which shall be the same as is required of the judge, has been recorded in the office of the judge of the probate court of the county, such judge pro hac vice may exercise all the powers of the judges of the state court. His appointment may be vacated at any time by order of the judges to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as judge pro hac vice as herein provided. The compensation of such judge pro hac vice shall be set by the judges of the state court and shall be paid from county funds."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to
113-2

3610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211) and for other purposes.
This 4 day of Jan. 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he/she is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.
Is/ Roy E. Barnes Senator, 33 rd District

GEORGIA LAWS 1980 SESSION

3611

Sworn to and subscribed before me, this 22nd day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

FULTON COUNTY - EMPLOYEES PENSION SYSTEM.
No. 1021 (Senate Bill No. 443).
AN ACT
To amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, so as to provide that "years of creditable service" shall include certain unused sick leave; to provide for funding; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, is hereby amended by adding at the end thereof a new section to read as follows:

3612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Notwithstanding any other provision of this Act, when any person shall retire under the provisions ol this Act 'years of creditable service' used for the computation for pension benefits shall include all unused sick leave which shall be to the credit of such individual not exceeding a total of 90 working days. It shall be the duty of the governing authority of Fulton County to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of the members' salary and wages necessary to pay the cost of the benefits provided pursuant to this section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given of intention to apply to the January, 1980 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939 (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions to County employees of said County....and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto.
Avanelle S. McHan Executive Secretary
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry Hudson who, on oath, deposes and says that he/she is Senator from the 35th District, and that the

GEORGIA LAWS 1980 SESSION

3613

attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19, 1979, December 26, 1979, January 2, 1980.

Isf. Perry Hudson Senator, 35th District

Sworn to and subscribed before me, this 21st day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

JONES COUNTY -- TAX COLLECTOR PLACED ON SALARY BASIS.
No. 1022 (Senate Bill No. 462).
AN ACT
To abolish the present mode of compensating the tax collector of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to

3614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the tax collector of Jones County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. (a) The tax collector of Jones County shall receive an annual salary as provided by Code Section 91A-1373, relating to minimum salaries of tax collectors and tax commissioners, as now or hereafter amended; provided, however, that any tax collector of Jones County with at least 12 years of service in such office shall receive an annual salary of $25,000.00, payable in equal monthly installments from county funds.
(b) In addition to the salary provided in subsection (a) above, the tax collector shall be entitled to those commissions allowed tax collectors and tax receivers on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest as provided in subsection (c)(1) of Code Section 91 A-13 70 and all commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the Department of Revenue of the State of Georgia.
(c) (1) Jones County shall pay its one-half of contributions of the tax collector required by the Federal Insurance Contributions Act, as now or hereafter amended, and all such payments shall be in addition to the regular compensation authorized by Section 2 of this Act.
(2) The amount paid by Jones County under paragraph (1) shall be included and reported as gross income of the tax collector for all state and federal income tax purposes.

GEORGIA LAWS 1980 SESSION

3615

Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax collector shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. (a) The tax collector shall have the authority to appoint one full-time deputy who shall receive an annual minimum salary of $6,500.00, payable in equal monthly installments from county funds. The tax collector shall have the authority to increase the annual salary of such full-time deputy, subject to the approval of the governing authority of Jones County. Provided, however, that, notwithstanding any other provisions of this Act, the salary of any full-time deputy employed on the effective date of this Act shall not be reduced by the governing authority of Jones County below the salary paid to such officer in February, 1980.
(b) The tax collector, with the approval of the governing authority of Jones County, shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the tax collector, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.

3616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. The necessary operating expenses of the tax collector's office, expressly including the compensation of all personnel and employees, shall be paid from anv funds of the countv available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the countv available for such purpose. The determination of such requirements shall be by the tax collector subject to the approval of the governing authority of Jones County.
Section 6. This Act shall become effective on January 1. 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assemblv of Georgia a bill to change the method of compensating the tax collector of Jones Countv; to provide an annual salary for the tax collector; to provide for expenses of said office: to provide for personnel and their compensation; and for other purposes.
This 27th day of December, 1979.
Culver Kidd Senator zoth District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes

GEORGIA LAWS 1980 SESSION

3617

and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980.

Isl Culver Kidd Senator, 25th District

Sworn to and subscribed before me, this 21st day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1. 1981. (Seal).

Approved March 21, 1980.

JONES COUNTY - TAX RECEIVER PLACED ON SALARY BASIS.
No. 1023 (Senate Bill No. 463).
AN ACT
To abolish the present mode of compensating the tax receiver of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become

3618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting.laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the tax receiver of Jones County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The tax receiver of Jones County shall receive as an annual salary from county funds the sum of $10,000.00; provided, however, that any tax receiver of Jones County with at least four years of service in such office shall receive an annual salary of $14,500.00, payable in equal monthly installments from county funds, and said salary of $14,500.00 shall be increased by 5 percent for each year of office served by the tax receiver figured at the end of each such period of service. Such cost-of-living increases shall not have retroactive effect but shall begin January 1, 1982.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax receiver shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. (a) The tax receiver shall have the authority to i appoint one full-time deputy who shall receive an annual minimum salary of $6,500.00, payable in equal monthly installments from

GEORGIA LAWS 1980 SESSION

3619

county funds. The tax receiver shall have the authority to increase the annual salary of the full-time deputy subject to the approval of the governing authority of Jones County.
(b) The tax receiver, with the approval of the governing authority of Jones County, shall have the authority to appoint such additional deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the tax receiver, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the tax receiver's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be by the tax receiver subject to the approval of the governing authority of Jones County.
Section 6. This Act shall become effective January 1, 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

3620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the method of compensating the tax receiver of Jones County; to provide an annual salary for the tax receiver; to provide for expenses of said office; to provide for personnel and their compensation; and for other purposes.
This 27th day of December, 1979.
Culver Kidd Senator, 25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
/si Culver Kidd Senator, 25th District

GEORGIA LAWS 1980 SESSION

3621

Sworn to and subscribed before me, this 18th day of January, 1980.
/s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

JONES COUNTY g CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS.
No. 1024 (Senate Bill No. 464).
AN ACT
To abolish the present mode of compensating the clerk of the superior court of Jones County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the superior court of Jones County, known as the fee system, is hereby

3622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The clerk of the superior court of Jones County shall receive an annual salary as provided by an Act providing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended; provided, however, that any clerk of the superior court of Jones County with at least 15 years of service in such office shall receive an annual salary of $21,500.00, payable in equal monthly installments from county funds; and such amount ($21,500.00) shall be increased by a minimum of 3 percent for each year of office served by the clerk figured at the end of each such period of service. Such cost-of-living increases shall not have retroactive effect but shall begin January 1, 1982.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. (a) The clerk of the superior court shall have the authority to appoint a chief deputy clerk who shall receive a minimum annual salary of $6,500.00, payable in equal monthly installments from county funds. The clerk of the superior court shall have the authority to increase such annual salary of the chief deputy clerk, subject to the approval of the governing authority of Jones County.
(b) The clerk of the superior court shall have the authority to appoint one deputy clerk who shall receive a minimum annual salary of $6,500.00, payable in equal monthly installments from county funds. The clerk of the superior court shall have the author-

GEORGIA LAWS 1980 SESSION

3623

ity to increase such annual salary of the deputy clerk, subject to the approval of the governing authority of Jones County.
(c) The clerk of the superior court, subject to the approval of the governing authority of Jones County, shall have the authority to appoint such additional deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such additional personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
(d) Notwithstanding any other provisions of this Act, the salary of any chief deputy clerk or deputy clerk employed on the effective date of this Act shall not be reduced by the governing authority of Jones County below the salaries paid to such persons in February, 1980.
Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be by the clerk of the superior court of Jones County but subject to the approval of the governing authority of Jones County.
Section 6. This Act shall become effective January 1, 1981.

3624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the method of compensating the clerk of the superior court of Jones County; to provide an annual salary for the clerk; to provide for expenses of said office; to provide for personnel and their compensation; and for other purposes.
This 27th day of December, 1979.
Culver Kidd Senator, 25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980 and January 10, 1980.
/s/ Culver Kidd Senator, 25 th District

GEORGIA LAWS 1980 SESSION

3625

Sworn to and subscribed before me, this 21st day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

JONES COUNTY - COMPENSATION, ETC. OF BOARD OF COMMISSIONERS.
No. 1025 (Senate Bill No. 465).
AN ACT
To amend an Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. Laws 1974, p. 2162), as amended, so as to change the provisions relating to the compensation and travel expenses of members of the board; to change the provisions relating to purchases and bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new board of commissioners of Jones County, approved March 5, 1974 (Ga. Laws 1974, p. 2162), as amended, is hereby amended by striking from Section 8 the following:
"ten cents per mile"

3626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and inserting in lieu thereof the following:
"eighteen cents per mile",
so that when so amended Section 8 shall read as follows:
"Section 8. The chairman of said board shall receive as compensation the sum of four hundred dollars ($400.00) per month, and the remaining members of said board shall each receive as compensation the sum of three hundred dollars ($300.00) per month. Said members, when traveling outside of the county on county business, shall also receive travel expenses, computed at eighteen cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon approval by a majority of the members of the board. In addition, each member of the board shall receive a monthly expense allowance of fifty dollars ($50.00), payable out of the funds of Jones County."
Section 2. Said Act is further amended by striking from Section 15 the following:
"one thousand dollars ($1(000.00)",
and inserting in lieu thereof the following:
"five thousand dollars ($5,000.00)",
so that when so amended Section 15 shall read as follows:
"Section 15. All purchases of supplies, equipment and other materials and services in an amount in excess of five thousand dollars ($5,000.00) shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County once a week for two weeks before the date of purchase. The board shall obtain at least three competitive bids, and the board shall accept the best bid in accordance with the terms of the advertisement. The provisions of this Section shall not apply to emergency purchases or repairs. No purchase by the county shall be made from a relative of a member of the board within the first degree of kinship, except by sealed bid as hereinabove provided."

GEORGIA LAWS 1980 SESSION

3627

Section 3. This Act shall become effective July 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend the Board of Commissioners Act for compensation of travel expenses and the maximum amount for purchase of equipment effective January 1, 1981.
This 27th day of December, 1979.
Culver Kidd Senator, 25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
/sfc Culver Kidd Senator, 25th District

3628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 21st day of January, 1980.
IsI Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.
JONES COUNTYH PROBATE COURT CLERKS, ETC. No. 1026 (Senate Bill No. 466). AN ACT
To amend an Act placing the judge of the Probate Court of Jones County on an annual salary, approved March 25, 1975 (Ga. Laws 1975, p. 2796), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2638), so as to change the provisions relating to the employment and compensation of personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the judge of the Probate Court of Jones County on an annual salary, approved March 25, 1975 (Ga. Laws 1975, p. 2796), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2638), is hereby amended by striking Section 4, which reads as follows: "Section 4. The judge of the probate court shall have the authority to appoint clerks who shall be compensated in the amount

GEORGIA LAWS 1980 SESSION

3629

of not less than $400 per month nor more than $550 per month, payable in equal weekly installments. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the persons who shall be employed as clerks, and to designate the compensation within the limits prescribed, prescribe the duties and assignments of such clerks, and to remove or replace such clerks at will and within his sole discretion.",
in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. The judge of the probate court shall have the authority to appoint two clerks. In addition to such clerks, the judge of the probate court shall have the authority to appoint additional clerks upon the approval of the board of commissioners of Jones County. Each clerk shall be compensated in an amount to be fixed by the judge of the probate court with the approval of the board of commissioners of Jones County, but such compensation shall not be less than $400.00 per month for each clerk so employed. Compensation for clerks shall be payable in equal weekly installments. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the persons who shall be employed as clerks, to prescribe the duties and assignments of such clerks, and to remove and replace such clerks at will and within his sole discretion."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are herebv repealed.

Notice of Intention to Introduce Local Legislation.
Notice is herebv given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to delete the portion of the act for fudge of the Probate Court pertaining to the clerks in that office effective January 1. 1981.

3630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 27th day of December, 1979.
Culver Kidd Senator, 25th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he/she is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Jones County News which is the official organ of Jones County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
Isl > Culver Kidd Senator, 25th District
Sworn to and subscribed before me, this 21st day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

GEORGIA LAWS 1980 SESSION

3631

TELFAIR COUNTY -- SALARY OF CLERK OF SUPERIOR COURT.
No. 1027 (Senate Bill No. 511).
AN ACT
To amend an Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4144), as amended, so as to change the salary provisions relating to said county officer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the fee and salary systems to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4144), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The salary of such clerk of the superior court of Telfair County shall be $15,500.00 per year, payable in equal monthly installments from the funds of Telfair County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill changing the method of compensating the Clerk of the Superior Court of

3632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Telfair County, Georgia, from the Fee and salary system to the salary system. Exclusively approved April 30, 1969, (Georgia Law 1969, p. 4144), as amended, and for other purposes.
This 9th day of January, 1980.
Ronnie Walker Senator, 19th District
Georgia, F'ulton County.
Personally appeared before me. the undersigned authority, duly authorized to administer oaths. Ronnie Walker who. on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16, 23, 1980.
Is/ Ronnie Walker Senator, 19th District

GEORGIA LAWS 1980 SESSION

3633

Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

TELFAIR COUNTYlHSALARY, ETC. OF COUNTY COMMISSIONER.
No. 1028 (Senate Bill No. 512).
AN ACT
To amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27. 1931 (Ga. Laws 1931. p. 566). as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2975). as amended, so as to change the compensation of said commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Ga. Laws 1931, p. 566), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 2975), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

3634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 6. Said commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and to receive as compensation for his time and to recover the expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties; the cost of fuel and upkeep thereof and any and all other pay, reimbursement for expenses, emoluments or perquisites whatsoever the sum of $15,500.00 per year, to be paid in equal monthly installments from the funds of Telfair County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend the act creating the office of Commissioner of Roads and Revenues in and for the County of Telfair, Georgia, approved August 27, 1931 (Georgia Laws 1931, p. 566), as amended; and for other purposes.
This 9th day of January, 1980.
Ronnie Walker Senator, 19th District
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly
authorized to administer oaths. Ronnie Walker who. on oath.

GEORGIA LAWS 1980 SESSION

3635

deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16,23, 1980.

'/s/<l Ronnie Walker Senator, 19th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

TELFAIR COUNTY -- SALARY OF JUDGE OF PROBATE COURT.
No. 1029 (Senate Bill No. 513).
AN ACT
To amend an Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4148), as amended, so as to

3636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
change the salary of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act changing the method of compensating the judge of the probate court of Telfair County, Georgia, from the fee system and salary system to the salary system exclusively, approved April 30, 1969 (Ga. Laws 1969, p. 4148), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. The salary of such judge of the probate court shall be $ 15,500.00 per year, payable in equal monthly installments from the funds of Telfair County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill changing the Judge of the Probate Court of Telfair County, Georgia, from the fee and salary system to the salary system. Exclusively approved April 30, 1969 (Georgia Law 1969, p. 4148), as amended and for other purposes.
This 9th dav of lanuarv 1980.
Ronnie Walker Senator. 19th District

GEORGIA LAWS 1980 SESSION

3637

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 9, 16, 23,1980.
is/ Ronnie Walker Senator, 19th District

Sworn to and subscribed before me. this 28th day of January. 1980.
IsJ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

TELFAIR COUNTY - SALARY OF TAX COMMISSIONER.
No. 1030 (Senate Bill No. 514).
AN ACT
To amend an Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 892), as amended, particularly by an Act approved

3638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
April 18, 1969 (Ga. Laws 1969, p. 3087), so as to change the salary of said tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 892), as amended, particularly by an Act approved April 18, 1969 (Ga. Laws 1969, p. 3087), is hereby amended by striking from Section 6 thereof the following;
"$12,000.00",
and inserting in lieu thereof the following:
"$15,500.00",
so that when so amended Section 6 shall read as follows:
"Section 6. The tax commissioner of Telfair County shall receive an annual salary of $15,500.00, payable in equal monthly installments from the funds of Telfair County. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind formerly allowed the tax commissioner as compensation for services in any capacity shall be received and held in trust by the tax commissioner for said county as public monies and he shall pay the same to the county fiscal authority on or before the tenth day of each month for the immediately preceding month. At the time of each such monthly payment to the county fiscal authority, the tax commissioner shall furnish the county fiscal authority with a detailed, itemized statement of all such funds received by him during the immediately preceding month. The statement shall show the respective amounts of money collected and the sources thereof. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have

GEORGIA LAWS 1980 SESSION

3639

been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the office of Tax Commissioner of Telfair County, approved Dec. 29, 1937 (Georgia Law 1937-38, ex. sess., P. 892), as amended; and for other purposes.
This 9th day of January, 1980.
Ronnie Walker Senator, 19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lumber City Log which is the offi-

3640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cial organ of Telfair County, on the following dates: January 9, 16, 23, 1980.
'/sP Ronnie Walker Senator, 19th District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981.
Approved March 21, 1980.
CITY OF POWDER SPRINGSH CORPORATE LIMITS, ETC.
No. 1031 (Senate Bill No. 517).
AN ACT
To amend an Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3218), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3437), so as to change the corporate limits of the city; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. Laws 1970, p. 2760), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3218), and an Act approved April 11,

GEORGIA LAWS 1980 SESSION

3641

1979 (Ga. Laws 1979, p. 3437), is hereby amended by adding at the end of Section 1.02 the following:
"All these tracts and parcels of land described as follows:
`Beginning at a point where the Northern right-of-way of Seaboard Airline Railroad intersects the right-of-way of Old Lost Mountain Road in LL 827, thence following the north ROW of said railroad northwesterly a distance of 11,100 ft. to its intersection with the northern ROW of State Highway 278 in LL 672; thence westerly along the northern ROW of State Highway 278 to the Paulding County line in LL 671, a distance of 2,500 ft.; thence southerly across State Highway 278 to the southern ROW of said state highway; thence easterly along the southerly ROW, a distance of 2,500 ft. and its intersection with the northern ROW of the Seaboard Airline Railroad; thence westerly along the northern ROW of said railroad a distance of 1,800 ft. to the Paulding County line; thence southerly across the Seaboard Airline Railroad to the southern ROW of said railroad; thence easterly along the southern ROW of the Seaboard Airline Railroad a distance of 1,800 ft. and its intersection with the southern ROW of State Highway 278 in LL 672; thence easterly along the southern ROW of said State Highway a distance of 1,300 ft. and its intersection with the western line of LL 734; thence northerly along the western line of LL 734 to the north ROW of State Highway 278; thence westerly along the northern ROW of said state highway a distance of 1,300 ft. to its intersection with the southern ROW of the Seaboard Airline Railroad; thence southeasterly along the southern right-of-way of said railroad a distance of 11, 100 ft. to its intersection with the ROW of Old Lost Mountain Road; thence northerly across the ROW of said railroad and the point of beginning.'
`Tract 1
BEGINNING at a point on the north side of State Highway No. 6 at the intersection of the west line of Land Lot 827 with said road, and running thence north along said Land Lot line for a distance of 336 feet to a stake; thence east for a distance of 200 feet to a stake; thence south along the property of Weddington and Reynolds for a distance of 430 feet to an iron pin on the north side of said Highway No. 6; thence northwesterly along the northerly side of said Highway for a distance of 240 feet to the point of beginning. 114--2

3642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Tract 11
All that tract or parcel of land lying and being in the 19th. District, 2nd. Section of Cobb County, Georgia and being two acres of the southwest corner of Land Lot No. 827 and being the same property described in a deed from Bettie Broadnax to John Lester and Charlotte Lester, dated February 15, 1918, and recorded in Deed Book No. 61, Page 20, Cobb County Records, and being the same property as described in a deed from H. T. Dobbs to M. C. Austin and J. H. Gilbert, as recorded in Deed Book 175, Page 416, Cobb County Records, and being located on Highway No. 6 and being known as Fred's Place, having a sandwich and drink stand thereon, between Powder Springs and Dallas, Georgia. This being the same property conveyed to Grantor herein by S. A. White, dated October 1955, and recorded in Deed Book 329, Page 399, Cobb County Records.
Tract 1 & 2 is also described in Deed Book 921, Page 389 of the records of the Superior Court of Cobb County, which deed and description thereon is incorporated by reference herein.'
`All that tract or parcel of land lying and being in Land Lot 827 of the 19th. District, 2nd. Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point 237.7' East of the Southwest corner of LL827 (on the South line of LL827) North 407.6' to a point; thence East 300.0' to a point; thence South 401.62' to a point on the South line of LL827; thence West 300.21' along the South line of LL827 to the point of beginning.
This tract of land contains 2.783 acres more or less and this legal description is drafted from a plat of survey made by Daniel N. Barfield, a registered Georgia surveyor.'
`All those tracts or parcels of land lying and being in Land Lots 671, 672, 736, 735, 746, 734 of the 19th. District,'2nd. Section, Cobb County, Georgia, and being more properly described as follows;

GEORGIA LAWS 1980 SESSION

3643

TRACT A-l
BEGINNING at a point on the southwest side of State Highway No. 6 one hundred nine and one tenth (109.1) feet southeasterly from the point of intersection of the southwest side of said Highway with the east line of land lot 735, and running thence southwesterly two hundred eighty-six (286) feet; thence running southerly one hundred eighteen (118) feet; thence running easterly four hundred thirty-five (435) feet to the southwest side of State Highway No. 6, and running thence northwesterly along the southwest side of State Highway No. 6, two hundred seventy-two (272) feet to the point of beginning; being improved property having a dwelling house located thereon, address being known as 5551 Powder SpringsDallas Road, Southwest.
This Description is given in accordance with a survey of said property by C. R. Roberts, R. E., dated May 29, 1950.
TRACT A-2
BEGINNING at the northwest corner of land lot #746 and the southwest corner of land lot #735 in said district and section; running thence north along the entire length of the west land lot line of land lot #735 and continuing north along the west land lot line of land lot #672 to the south right-of-way of the Seaboard Coastline Railroad; running thence in a southeasterly direction along said right of way to the east land lot line of land lot #735; running thence south along the east land lot line of land lot #735 to the point of intersection with the north land line of the GEORGIA R. WARREN property; running thence in a westerly direction and thence in a southerly direction around the GEORGIA R. WARREN property to the point of intersection with the south land lot line of land lot #735; running thence west along the south land lot line of land lot #735 to the northwest corner of land lot #746 and the southwest corner of land lot #735, the point of beginning.
The above described property being the same as recorded in deed book 112, page 444, and quit claim deed recorded in deed book 1566, page 741, Cobb County records.
This deed of assent is made in compliance with the terms of the Last Will and Testament of NOAH WARREN, DECEASED.

3644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT A-3
BEGINNING at the northwest corner of land lot #745 and the southwest corner of land lot #736 on the Paulding County, Georgia line in said district and section; running thence north along the entire length of the west land lot line of land lot #736 on the Paulding County line, and continuing north along the west land lot line of land lot #671 on the Paulding County line to the south right of way of the Seaboard Coastline Railroad; running thence in a southeasterly direction along said right of way to the east land lot of land lot #671; running thence south along the east land lot line of land lot #671 and continuing south along the entire length of the east land lot line of land lot #736 to the southeast corner of land lot #736; running thence west along the entire length of the south land lot line of land lot #736 to the northwest corner of land lot #745 and the southwest corner of land lot #736 on the Paulding County, Georgia line, the point of beginning.
The above described property being the same as recorded in deed book 89, page 385, Cobb County records.
This deed of assent is made in compliance with the terms of the Last Will and Testament of NOAH WARREN, deceased.
TRACT A-4
BEGINNING at an iron pin located on the southwesterly right of way of U. S. Highway #278 (also known as State Route #6), in said district and section; running thence northwesterly along said right of way a distance of 109.1 feet more or less to the point of intersection of said right of way with the west land lot line of land lot #734; running thence south along the west land lot line of land lot #734 to the point of intersection with the north land line of the GEORGIA R. WARREN property; running thence in an easterly direction along said land line of the GEORGIA R. WARREN property to an iron pin located on the southwesterly right of way of U. S. Highway #278, the point of beginning, said trayt or parcel of land being triangular in shape and containing less than 1/4 acre.
The above described property being the same as recorded in deed book 146, page 33, and corrected description in Affidavit of Possession as recorded in deed book 1734, page 242, Cobb County records.'

GEORGIA LAWS 1980 SESSION

3645

The following described property is hereby deannexed from the city:
`All that tract or parcel of land lying and being in Land Lot 827 of the 19th. District, 2nd. Section, Cobb County, Georgia, and being more particularly described as follows:
BEGINNING at a point 530.59' East of the Southwest corner of LL827 (on the South line of LL827) North 402.98' to a point; thence East 91.65' to a point; thence South 401.62' to a point on the South line of LL 827; thence West 107.32' along the South line of LL827 to the point of beginning.'"
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1980 session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder Springs (Ga. L. 1920, p. 2760), as heretofore amended, and for other purposes.
This 4th day of Jan., 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

3646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he/she is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.
Is/ Roy E. Barnes Senator, 33 rd District
Sworn to and subscribed before me, this 28th day of January, 1980.
Is/: Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.
CITY OF FLOWERY BRANCH ^ELECTION OF COUNCILMEN.
No. 1032 (Senate Bill No. 524). AN ACT
To amend an Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), so as to

GEORGIA LAWS 1980 SESSION

3647

change the provisions relating to the election of councilmen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), is hereby amended by striking Section 5.2 in its entirety and inserting in lieu thereof a new Section 5.2 to read as follows:
"Section 5.2. Regular elections; time for holding. On the second Saturday in December, 1979, and on the same day in each calendar year thereafter, an election shall be conducted for the purpose of electing two members of the council. The candidate who receives the highest number of votes in the election shall serve for a term of three years and until his successor is elected and qualified. The other candidate elected at such election shall serve for a term of two years and until his successor is elected and qualified. It is the intention of the General Assembly to require two council members to be elected every year with one council member being elected for three years and the other council member being elected for two years so that the terms of office of two members of the council will expire at the end of each year. On the second Saturday in December, 1980, and on the same day in each calendar year biennially thereafter, an election shall be conducted for. the purpose of electing a mayor and two council members who shall each serve for terms of two years. The mayor and council members elected at such elections shall take office on the first day of January of the calendar year following their election, and they shall serve for the terms to which they have been elected and until their successors are elected and qualified.
(b) For the purpose of electing candidates for council members, other than the mayor, each council position may be designated by number by the mayor and council. Each candidate for election as council member shall be required to designate by number which of the council posts he offers for election if the mayor and council require candidates to offer for election to the council by designating post positions."

3648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the City of Flowery Branch, approved April 11, 1979 (Ga. Laws 1979, p. 3404), so as to change the provisions relating to the election of councilmen; and for other purposes.
This 8th day of January, 1980.
Howard T. Overby Senator, 49th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he/she is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Times which is the official organ of Hall County, on the following dates: January 9, 16, 23, 1980.
Isl Howard T. Overby Senator, 49th District

GEORGIA LAWS 1980 SESSION

3649

Sworn to and subscribed before me, this 30th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

CITY OF MILLEDGEVILLEjjigj BUDGETS, ETC.
No. 1033 (Senate Bill No. 546).
AN ACT
To amend an Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, so as to change the provisions relating to the powers of the mayor in connection with the preparation, adoption, or veto of annual budgets for the operation of the city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, is hereby amended by striking in its entirety subsection (e) of Section 21A and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) With the advice and approval of the council, to prepare a budget for the operation of the city for the ensuing year, provided

3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that such budget shall be adopted by resolution by the mayor and aldermen in formal session on or before January 1 of the ensuing year. The budget shall separately state the amounts budgeted for operating expenses by category and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each department of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended; and for other purposes.

This 14th day of Jan., 1980. Georgia, Baldwin County.

Culver Kidd Senator, 25th District

I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my peronal knowledge and reference to files of said publication the legal advertisement of: City of Milledgeville: Bill to amend an Act creating a new charter for the City of Milledgeville, was inserted in space of legal advertisement as follows: January 18, 25; February 1, 1980.
[sI' Roger W. Coover Publisher

GEORGIA LAWS 1980 SESSION

3651

Subscribed and sworn betore me, this 1st day of February, 1980.

Isl Patsy C. Smith Notary Public, My Commission expires May 4, 1982.

Approved March 21, 1980.

BALDWIN COUNTY MAGISTRATE'S COURT POWERS, DEPUTIES, ETC.
No. 1034 (Senate Bill No. 547).
AN ACT
To amend an Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates; to change the provisions relating to the salary of the Magistrate; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

3650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that such budget shall be adopted by resolution by the mayor and aldermen in formal session on or before January 1 of the ensuing year. The budget shall separately state the amounts budgeted for operating expenses by category and for capital expenditures. Such amounts shall be so stated for each category and shall also be stated separately for each department of city government. The mayor shall have the right to veto the amount budgeted in any category for any department. The city council may override any such veto by a vote of four of the members of the city council."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended; and for other purposes.

This 14th day of Jan., 1980. Georgia, Baldwin County.

Culver Kidd Senator, 25th District

I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my peronal knowledge and reference to files of said publication the legal advertisement of: City of Milledgeville: Bill to amend an Act creating a new charter for the City of Milledgeville, was inserted in space of legal advertisement as follows: January 18, 25; February 1, 1980.
Is/ Roger W. Coover Publisher

GEORGIA LAWS 1980 SESSION

3651

Subscribed and sworn betore me, this 1st day of February, 1980.

Is/ Patsy C. Smith Notary Public, My Commission expires May 4, 1982.

Approved March 21, 1980.

BALDWIN COUNTY MAGISTRATE'S COURT POWERS, DEPUTIES, ETC.
No. 1034 (Senate Bill No. 547).
AN ACT
To amend an Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), so as to change the provisions relating to the powers of the Magistrate and the Deputy Magistrates; to change the provisions relating to the salary of the Magistrate; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Magistrate's Court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

3652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 6. The Magistrate of Baldwin County and the Deputy Magistrates shall also have jurisdiction to accept and approve bonds pending commitment hearings and to discharge any and all other functions which under the laws of this State are performable by a justice of the peace; provided, however, that only the Magistrate of Baldwin County shall have jurisdiction to hold courts of inquiry and to accept and approve bonds pending indictment and trial; provided, further, that said Magistrate's Court shall not receive, and shall not be entitled to receive, any fees now or hereafter provided for justices of the peace. The time of such inquiry shall be determined by the Magistrate and shall be held at the courthouse in Baldwin County, Georgia."
Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows;
"Section 7. The Magistrate of said Court shall receive a salary of not less than $8,400.00 per annum nor more than $ 18,000.00 per annum, the exact amount to be determined by the governing authority of Baldwin County. Said salary shall be payable in equal monthly installments out of the funds of Baldwin County."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the magistrate's court of Baldwin County, approved March 23, 1977 (Ga. Laws 1977, p. 3197); and for other purposes.
This 15th day of January, 1980.
Culver Kidd Senator, 25th District

GEORGIA LAWS 1980 SESSION

3653

Georgia, Baldwin County.

I, Roger W. Coover, do solemnly swear that I am the Publisher of The Union-Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication the legal advertisement of: Baldwin County Commissioners to Amend Act creating the Magistrate's Court of Baldwin County, was inserted in space of legal advertisement as follows: January 18, 25; February 1, 1980.

Isl Roger W. Coover, Publisher

Subscribed and sworn before me, this 1st day of February, 1980.

Isl Patsy C. Smith Notary Public My commission expires May 4, 1982. (Seal).
Approved March 21, 1980.

TOWN OF THUNDERBOLT -- CORPORATE LIMITS, REFERENDUM.
No. 1035 (Senate Bill No. 549).
AN ACT
To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. Laws 1974, p. 3269),

3654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so as to change the corporate limits of the town; to provide for a referendum to be held within and without the town; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. Laws 1974, p. 3269), is hereby amended by designating the existing text of Section 2 as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
"(b) The corporate limits shall further include:
`All that certain area and territory described and known upon the map of Chatham County, Georgia, as Macceo Island (Isle of Armstrong), 5th G.M. District, Chatham County, Georgia; said island being bounded on the North by marshland and the Wilmington River, on the East by marshland and by Gray's Creek; on the South by the marshland and by Gray's Creek, and on the West by the Town of Thunderbolt, the Wilmington River, a tidal basin and by marshland.' "
Section 2. Said Act is further amended by designating the existing text of Section 2 (exclusive of any addition made thereto by Section 1 of this Act) as subsection (a) and by adding thereafter a new subsection (aa) to read as follows:
"(aa) The corporate limits shall further include:
`All that certain area and territory known as Bona Bella, 5th G.M. District, Chatham County, Georgia; said area is bounded on the North by the Savannah State College to the eastern right-of-way line of the Placentia Canal and follows said line Southerly to the Northern right-of-way line of Semken Avenue, Easterly along said line to the Eastern right-of-way line of Jasmine Avenue, and following said line Southerly to the Eastern right-of-way line of LaRoche Avenue and Southeasterly along said line to a point where the right-of-way line meets the Marsh line and following said line Easterly, then Northerly to the Southeastern corner of Savannah State College property line.' "

GEORGIA LAWS 1980 SESSION

3655

Section 3. (a) Not less than 20 nor more than 40 days after the date of approval of this Act by the Governor or the date on which it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the Town of Thunderbolt to issue the call for an election for the purpose of submitting the first two sections of this Act separately to the voters of the town and the voters of the area affected by each section for approval or rejection.
(b) The superintendent shall set the date of the election for a date not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the town.
(c) The ballot shall have printed thereon the following words:
"PROPOSITION 1
[ ] YES Shall the provision of the Act including the area known as Macceo Island (Isle of Armstrong)
1,6 fjP] NO within the corporate limits of the Town of Thunderbolt be approved?
PROPOSITION 2
YES Shall the provision of the Act including the area known as Bona Bella within the corporate limits
NO of the Town of Thunderbolt be approved?"
(d) (1) All persons desiring to vote in favor of "Proposition 1" shall vote "Yes," and those persons desiring to vote for rejection of "Proposition 1" shall vote "No." If more than one-half of the votes cast by the voters within the present corporate limits of the town and more than one-half of the votes of the voters residing in the area to be annexed by Section 1 of this Act are in favor of "Proposition 1," then Section 1 of this Act shall become of full force and effect; otherwise it shall be void and of no force or effect.

3656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) All persons desiring to vote in favor of "Proposition 2" shall vote "Yes," and those persons desiring to vote for rejection of "Proposition 2" shall vote "No." If more than one-half of the votes cast by the voters within the present corporate limits of the town and more than one-half of the votes of the voters residing in the area to be annexed by Section 2 of this Act are in favor of "Proposition 2," then Section 2 of this Act shall become of full force and effect; otherwise it shall be void and of no force or effect.
(e) At least 30 days prior to said election, the superintendent shall prepare a separate list of voters residing in each of the areas proposed to be annexed by this Act who are registered to vote in the county. Each of said voters shall be eligible to vote on the proposition affecting the area in which he lives. The election superintendent of Chatham County shall furnish any information which may be required in the preparation of said lists of voters by the election superintendent of the Town of Thunderbolt; and the Town of Thunderbolt shall pay to Chatham County the actual expenses of furnishing such information as is required.
(f) It shall be the duty of the election superintendent to hold and conduct such election and to certify the results of the vote on each proposition in the town and in each affected area to the Secretary of State. The expense of the election shall be borne by the Town of Thunderbolt.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Public Notice.
Notice is hereby given of the Intention to apply for local legislation in the 1980 Session of the General Assembly of Georgia to amend the Charter of the Town of Thunderbolt, and for the Mayor, and Aldermen of the Town of Thunderbolt to call for a referendum to extend and change the corporate limits of the Town of Thunderbolt, and for other purposes.

GEORGIA LAWS 1980 SESSION

3657

This 9th day of January, 1980.

Michael J. Cesaroni, Jr., Mayor, Town of Thunderbolt Frank O. Downing, Attorney Town of Thunderbolt

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles H. Wessels who, on oath, deposes and says that he/she is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette which is the official organ of Chatham County, on the following dates: January 14, 21,28, 1980.

/s/vj Charles H. Wessels Senator, 2nd District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

3658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
JASPER COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1036JSenate Bill No. 560).
AN ACT
To amend an Act creating and establishing a Small Claims Court of Jasper County, approved April 11, 1979 (Ga. Laws 1979, p. 4322), so as to change the provisions relating to the jurisdiction of such court; to change the provisions relating to the powers of the judge; to change the provisions relating to vacancies and substitute judges; to change the provisions relating to cost of service; to change the penalties for contempt of court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims Court of Jasper County, approved April 11, 1979 (Ga. Laws 1979, p. 4322), is hereby amended by striking in its entirety the last sentence of Section 1 and inserting in lieu thereof the following:
"Said jurisdiction shall include the power to issue writs of garnishment, attachment, and possession; to issue distress warrants; and to handle foreclosure proceedings on personal property.",
so that when so amended Section 1 shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court of Jasper County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved is not less than $201.00 nor more than $ 1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment, attachment, and possession; to issue distress warrants; and to handle foreclosure proceedings on personal property."
Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

GEORGIA LAWS 1980 SESSION

3659

"Section 3. Whenever the judge of the small claims court shall be unable from absence, sickness, or other cause to discharge any duty whatever appertaining to his office, any judge of the recorder's court for the City of Monticello, Jasper County, Georgia, on application of said judge of the small claims court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him and shall be substituted in all respects in the place and stead and in the matter aforesaid if the judge is unable to act."
Section 3. Said Act is further amended by striking from subsection (d) of Section 6 the following:
"$5.00",
and inserting in lieu thereof the following:
"$10.00",
so that when so amended subsection (d) shall read as follows:
"(d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 4. Said Act is further amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:
"Section 22. The judge of said court shall have the power to impose fines of not more than $50.00 on or to imprison for not longer than 48 hours any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

3660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Georgia, Jasper County.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a small claims court of Jasper County, approved April 11, 1979 (Ga. Laws 1979 p. 4322), and for other purposes.
This 9th day of January, 1980.
Culver Kidd Senator, 25th District
Georgia, Jasper County.
Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, William T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following dates, January 17, 24, 31.
This 4 day of February, 1980.
Is/ W. T. Hughes, Jr.

GEORGIA LAWS 1980 SESSION

3661

Sworn to and subscribed before me, this 4 day of February, 1980.
Isl Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 22, 1980. (Seal).
Approved March 21, 1980.

SALE OF MALT BEVERAGES, WINE, OR ALCOHOLIC BEVERAGES BY THE DRINK ON SUNDAYS IN CERTAIN COUNTIES (200,000 - 600,000) (350,000 - 550,000).
No. 1037 (Senate Bill No. 599).
AN ACT
To amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, approved March 5, 1976 (Ga. Laws 1976, p. 2809), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3903), so as to change certain population brackets; to repeal certain referendum requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted bv the General Assembly of Georgia:
Section 1. An Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties

3662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of this state having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, approved March 5, 1976 (Ga. Laws 1976, p. 2809), as amended by an Act approved March 16, 1978 (Ga. Laws 1978, p. 3903), is hereby amended by striking from Section 1 thereof the following:
"not less than 200,000 and not more than 600,000",
and inserting in lieu thereof the following:
"not less than 350,000 and not more than 550,000",
so that when so amended, said Section 1 shall read as follows:
"Section 1. Any person otherwise authorized to sell malt beverages, wine, or alcoholic beverages by the drink under the laws of this state and the applicable ordinances of the counties of this state having a population of not less than 350,000 and not more than 550,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine, and alcoholic beverages by the drink from 12:30 P.M. until midnight on Sundays in each such county in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging."
Section 2. Said Act is further amended by striking in its entirety Section 2 thereof, which reads as follows:
"Section 2. Not less than one nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of each county of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, to issue the call for an election for the purpose of submitting this Act to the electors of the county for approval or rejection. The superintendent shall set the date of such election for May 4, 1976. The superinten-

GEORGIA LAWS 1980 SESSION

3663

dent 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 county. The ballot shall have written or printed thereon the words:
`[ ] YES Shall the Act providing that any person otherwise authorized to sell malt beverages, wine or alcoholic beverages by the drink under
[ ] NO the laws of this State and the applicable ordinances of this county shall be authorized to sell and serve malt beverages, wine and alcoholic beverages by the drink from 4:00 p.m. until midnight on Sundays in the county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging be approved?'
All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast in any such county on such question are for approval of the Act, it shall become of full force and effect in such county, otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

3664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.
BRANTLEY COUNTY -- COMPENSATION OF SHERIFF'S PERSONNEL.
No. 1038 (Senate Bill No. 614).
AN ACT
To amend an Act abolishing the present mode of compensating the sheriff of Brantley Countv known as the fee system and placing him on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3024) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 4567), so as to change the compensation of the deputy sheriffs; to provide that the compensation of the sheriff's personnel shall be determined by the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the present mode of compensating the sheriff of Brantley County known as the fee system and placing him on a salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3024) and an Act approved April 5, 1978 (Ga. Laws 1978, p. 4567), is hereby amended by striking Section 8 of said Act, which reads as follows:
"Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. The governing authority of Brantley County shall fix the salary of each such deputy at not less than $8,400.00 and not more than $9,000.00 per annum to be paid

GEORGIA LAWS 1980 SESSION

3665

in equal monthly installments from the funds of said county. Said governing authority may authorize the sheriff to appoint additional deputies in the event said governing authority determines such additional deputies are required, and said governing authority may fix the compensation of such additional deputies. It shall be within the sole power and authority of the sheriff to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion.",
and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. The sheriff of Brantlev County shall fix the salary of each deputy at not less than $9,200.00 and not more than $10,500.00 per annum to be paid in equal monthly installments from the funds of said county. Said governing authority may authorize the sheriff to appoint additional deputies in the event said governing authority determines such additional deputies are required. The sheriff shall fix the compensation of such additional deputies as provided above. It shall be within the sole power and authority of the sheriff to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Brantley County upon an

3666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended; and for other purposes.
This 24 day of January, 1980.
Bill Littlefield Senator, 6th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 24, 31, February 7, 1980.
Is/ Bill Littlefield Senator, 6th District

GEORGIA LAWS 1980 SESSION

3667

Sworn to and subscribed before me, this 25th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

CITY OF LUDOWICI & CHARTER AMENDED.
No. 1039 (Senate Bill No. 615).
AN ACT
To amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 835), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2410), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2144), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3579), so as to revise and update the charter of the City of Ludowici; to restate certain existing provisions; to change procedures for the selection of the governing authority and other elections; to change the jurisdiction of and procedures in the police court; to change provisions relating to the ad valorem taxation power of the city; to delete provisions for a chain gang and road work; to authorize the city to monopolize certain utility services; to authorize the exercise of eminent domain; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

3668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. Laws 1923, p. 701), as amended by an Act approved March 6, 1945 (Ga. Laws 1945, p. 835), an Act approved March 17, 1958 (Ga. Laws 1958, p. 2410), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2144), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3579), is hereby amended by striking all sections of the Act, which sections are numbered 1 through 50, and inserting in lieu thereof new Sections 1 through 47 to read as follows:
"Section 1. The City of Ludowici, in Long County, is hereby incorporated under the corporate name of `City of Ludowici.'
Section 2. The municipal government of said City of Ludowici shall be vested in a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of `City of Ludowici,' and by that name and style shall have perpetual succession; shall have and use a common seal and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors for the use of the City of Ludowici within or without the limits thereof, and estate or estates, real or personal, of whatsoever kind or nature, and shall by the said name of `City of Ludowici' be capable to sue and be sued, plead and be impleaded in any court of law or equity in this State; and shall succeed to all the rights and liabilities of the present corporation of the Mayor and Council of Ludowici.
Section 3. The corporate limits of the City of Ludowici shall be all the territory contained within the following boundary:
BEGINNING at the intersection of Sweetwater Branch and the northeast margin of Jones Creek Swamp and running along Sweetwater Branch to the northeast margin of Georgia Highway 99; thence running in a southeasterly direction along the margin of Georgia Highway 99 south 41 30" east 12 chains to a point; thence running in a northeasterly direction north 55 east 17 chains to the southwest margin of the Old Macon and Darien Public Road; thence in a northwesterly direction along the southwest margin of the Old Macon and Darien Public Road to the channel of Sweetwater Branch; thence follow the channel of

GEORGIA LAWS 1980 SESSION

3669

Sweetwater Branch in a northerly direction to where the center of Sweetwater Branch intersects the eastern boundary of the Seaboard Coastline Railroad right-of-way; thence in a northeasterly direction along the southeast right-of-way of the Seaboard Coastline Railroad 11.54 chains along bearing north 58 east to the northeast side of the Georgia Power Company power lines; thence along the northeast side of said Georgia Power Company power lines to the northwest side of the Old Ludowici-Hinesville Public Road; thence running in a northeasterly direction along the northwest margin of the Old Ludowici-Hinesville Public Road north 19 east 8 chains to the southwest margin of Gordon Road; thence running in a northwesterly direction along the southwest margin of Gordon Road north 41 west 14 chains to a point; thence running in a southwesterly direction south 59 west 50 chains to the northeast margin of U. S. Highway No. 301; thence running in a southeasterly direction along the margin of U. S. Highway 301 south 41 east 5.45 chains to a point; thence turn and run in a southwesterly direction south 58 west 70 chains to the northeast margin of Jones Creek; thence follow the margin of Jones Creek Swamp in a southeasterly direction to the POINT OF BEGINNING.
Section 4. The mayor and aldermen shall be collectively known as `The City Council of Ludowici' and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated.
Section 5. The present mayor, recorder and aldermen of Ludowici shall continue in the office to which they were elected until the first Monday in January, 1982, and until their successors are elected or appointed and qualified; and said mayor, recorder and aldermen shall have and exercise all the rights, powers, duties and authority conferred upon them by virtue of this charter.
Section 6. The mayor and aldermen of the City of Ludowici shall be elected as herein provided and shall hold office for a term of four years and until their successors are elected and qualified.
Section 7. (a) The next election under the charter of the City of Ludowici shall be held on the first Wednesday in September, 1981, at which time there shall be elected by the qualified voters of said city a mayor and five aldermen to hold office for the term of four years, and until their successors shall be elected and qualified.

3670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Each four years thereafter on the same day in the same month at some public place in said city a mayor and five aldermen shall be elected by the qualified voters of said city, who shall serve for a term of four years and until successors shall be elected and qualified.
Section 8. (a) Should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days' notice, either by the City Council of Ludowici or any five of the qualified voters of said city. Should a vacancy occur in the office of mayor or alderman from any cause, then and in that event an election to fill such vacancy shall be held as provided by general law.
(b) Provided, however, in the event a vacancy occurs and there is less than two (2) years left on the term of the mayor, councilman or other elected or appointed city officer, then the mayor and council shall elect a qualified person to serve the unexpired term, suchl person shall take the oath of office prescribed before assuming his duties of office.
Section 9. (a) The term of office of the mayor and aldermem elected under the provisions of this charter shall commence on the' first Monday of the January following their elections, except in the< event of the election of any one or more of said officers to fill a. vacancy, in which event the officers elected to fill the vacancy shall) be qualified immediately upon the declaration of the result of the election.
(b) On the first Monday in January after their election the mayor and aldermen elect shall meet at the council chamber of said city for the purpose of organizing, and they shall severally take,: before some officer authorized to administer oaths, the following oath of office, to wit:
`I do solemnly swear that I will well and truly demean myself as mayor (or alderman, as the case may be) of the City oi Ludowici, during my term of office, and that I will faithfully) enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as mayor (oi alderman) act as I believe for the best interest of said city, ano uphold the Constitution of the State of Georgia and the Unitec States, so help me God,'

GEORGIA LAWS 1980 SESSION

3671

Should the mayor or any alderman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible.
Section 10. The regular meetings of the City Council of Ludowici shall be held at the council chamber of said city on the second and fourth Tuesdays in each month at which time all regular business concerning the welfare of said city shall be transacted; but special or called meetings may be held when public emergency may require; and they may also hold adjourned meetings which shall be considered as of the meeting adjourned.
Section 11. (a) All elections held under the provisions of this charter and all elections in which any subject or question is submitted to the qualified voters of the City of Ludowici shall be conducted as provided by general law; provided that the persons receiving the highest number of legal votes for the respective offices shall be declared elected.
(b) The managers and clerks of all elections held under the provisions of this charter shall be named and appointed by the mayor and aldermen prior to the elections who shall determine and provide for the payment for the managers and such clerks as may be necessary to hold said election.
Section 12. All persons qualified to vote in this State for members of the General Assembly, who are residents of the city, and who have registered as required by the registration laws or ordinances of said city shall be qualified to vote at any election held under the provisions of this charter.
Section 13. (a) The city shall register electors as provided by general law. The registration books shall be kept open at such hours as the mayor and council prescribe.
(b) It shall be the duty of the clerk or registrar of said city to prepare two lists of the names of the voters registered in alphabetical order after the same have been purged by the mayor and aldermen and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon.

3672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Should the name of any person qualified to vote in any election and who registered therefor with the clerk or registrar in due form and time be accidentally omitted from the registration lists furnished the managers of said election the clerk or registrar of said city may certify under his official signature and seal to such accidental omission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election such person shall be allowed to vote.
(d) Any person voting in any election held in said city who is not qualified to vote therein under the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting.
, (e) After said registration books are closed, and prior to day of any election for which said registration is had, the mayor and aldermen shall examine, revise and purge the registration lists as made up and returned by the clerk of said city of all illegally registered voters or persons disqualified from voting for any lawful reason, provided that before removing any name therefrom written notice shall be served on the person or persons deemed disqualified at least twelve hours before final action thereon by the mayor and aldermen, that such person may show cause, if any, why such action should not be taken.
Section 14. (a) No person shall be eligible to the office of mayor of said city who is not twenty-five years of age, who has not resided in the City of Ludowici for a period of one year next preceding the date of his election, and who is not a qualified voter of said city.
(b) No person shall be eligible to the office of alderman of the City of Ludowici who is not twenty-one years of age; who has not resided in the City of Ludowici for the period of one year next prior to his election, and who is not a qualified voter of said city.
Section 15. (a) At the first regular meeting of the City Council of Ludowici on the first Tuesday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office be vested with all the authority of the mayor and as such perform all the duties of the mayor.

GEORGIA LAWS 1980 SESSION

3673

(b) The city council shall also at said meetings elect for said city a chief of police, and as many policemen as they deem necessary; a clerk and treasurer; one person being hereby made eligible to fill both offices; a city attorney, and they may elect such other officers and employees of said city as they may deem necessary, and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office.
(c) Each of said officers shall take such oaths of office, give such bonds and perform such duties as shall be fixed by ordinance, and the City Council of Ludowici shall have power and authority to suspend and remove such officers from office or impose fines on said officers for gross neglect or malfeasance after a fair and impartial trial.
Section 16. The mayor and aldermen shall receive such salary or compensation as the City Council of Ludowici may prescribe, which shall not be increased or diminished during their term of office.
Section 17. (a) The mayor or mayor pro tern, and three aldermen shall constitute a quorum for the transaction of business, and a majority of votes shall determine questions before them; Provided, that the mayor or the mayor pro tern., if he is presiding in the place of the mayor, shall vote only in case of a tie vote; and, provided, further, that all votes making appropriations or authorizing the expenditure of city funds, or fixing the salaries of officers and employees shall be by the yeas and nays duly recorded on the minutes; and, provided, further, that on any question any alderman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes.
(b) The mayor, or mayor pro tern., when performing the duties of the mayor, shall have the veto power and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city 115-2

3674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
his veto of any measure passed by the council, with his reasons for withholding his assent within three days after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the measure shall go into effect immediately.
Section 18. (a) The mayor shall be the chief executive officer of the City of Ludowici. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully, fully, impartially executed and enforced, and that all of the officers or employees of said city faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the city council; and shall preserve order and decorum, shall enforce the rules and regulations of the body, and shall have power to punish all persons for contempt of such rules and regulations as the City Council of Ludowici may prescribe.
(b) He shall have power to convene the city council in special call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two aldermen in writing. Notice of such special call or extra session shall be given each of the members of the city council who are in the city at the time, and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting.
(c) He shall have power to appoint special policemen when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past and to be compensated as the mayor and aldermen may determine.
Section 19. (a) A police court is hereby created and established in said City of Ludowici to be known and designated as `The Police Court of Ludowici,' and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those more specifically set forth herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, the rights of the city and of the defendant to prepare for trial, and to have a reasonable time for said preparation, being forever preserved.

GEORGIA LAWS 1980 SESSION

3675

(b) Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Ludowici committed within the jurisdictional limits thereof, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentences, and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof.
(c) Said police court shall be presided over by a recorder who shall be appointed by the mayor and aldermen of said city and serve at their pleasure, the office of said recorder being hereby created and established in said city. The mayor and council shall fix his salary not to exceed $300.00 per month. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by a recorder pro tem designated by the city council who may be the mayor or a council member.
(d) The present recorder shall serve out his term and until his successor is appointed.
(e) Said police court shall have the power and authority to impose sentences and impose fines therein such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed.
(f) Said police court shall have power and authority to impose fines and to inflict punishment, after conviction, upon all violators of the laws, resolutions and ordinances of said city by fines not exceeding three hundred dollars and by jail sentences not to exceed 90 days, either or both or a portion of either or both in the discretion of the court, and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid.
(g) Said police court shall have the authority to impose fines for contempt of said courts not to exceed fines of twenty dollars, and

3676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both, in the discretion of the court.
(h) There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations, based upon the affidavit of the prosecutor, signed by the prosecutor or by the city attorney for him, and also by the city attorney. Said accusation shall plainly and definitely set forth the specific charge against the accused and shall be subject to the same strictness of pleading as required for accusations in State courts. The accused may demur to said accusations under the same rules, and subject to the same rulings, as provided by law in reference to demurrers to accusations in the State courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the accusation.
(i) Said police court shall be clothed with the same powers as State courts in reference to compelling the attendance of witnesses, subpoenas to be issued by the clerk of council.
(j) Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine; Provided, however, in the event of a final acquittal of the charge against any defendant upon a subsequent trial, or in the event of a reversal of the judgment finding said accused guilty, and said court declines to try said accused again before the fourth term after the judgment of the higher court reversing the said police, said city shall return to said accused all costs paid by him in said court.
(k) In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the court, he shall have the right within thirty days from such judgment to certiorari his case to the superior court of Long County, Georgia, which certiorari case shall be subject to the same rules and penalties as provided by law of this State for certioraris from police courts, certiorari being the only appeal available to such convicted person.

GEORGIA LAWS 1980 SESSION

3677

(l) The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein.
(m) The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the superior courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge.
(n) When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offense, shall give bond for his or her appearance at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk of said police court shall issue a scire facias in such police court why such bond should not be forfeited, and if, at the return term of said scire facias, in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force who shall proceed to collect the same as tax executions of said city are enforced and collected.
(o) In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said police court and similarly where some other party has deposited a sum of money for the appearance of such person, does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police court judge, entered upon the police court docket, and shall be paid over to the city treasurer as the property of said City of Ludowici.

3678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(p) The City Council of Ludowici shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the City of Ludowici. The clerk of the city council and the chief of police or any member of the police force shall be the clerk and marshal, respectively, of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance.
(q) The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided.
Section 20. The City Council of Ludowici shall have power and authority to maintain a city jail and to establish and provide regulation therefor, in which shall be confined for punishment when necessary, persons sentenced by the police court for violating any of the laws or ordinances of said city as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof.
Section 21. (a) It shall be lawful for the chief of police or any police officer of said city to arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist on command, and confine them in the jail until they can be brought before the police court to answer for their misconduct. And said officers are authorized and empowered to arrest with or without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had; in all such cases where the offense was committed in the presence of the arresting officer or if the defendant is endeavoring to escape or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant, and to this end said arresting officers are authorized to

GEORGIA LAWS 1980 SESSION

3679

imprison and confine persons arrested by them in the jail of said city for a reasonable length of time to secure a warrant or set a hearing.
(b) The chief of police and police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands, charging any persons with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating the laws or ordinances thereof, provided when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., acting mayor, or other judicial officer. Said chief of police and police officers of said city may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds may be forfeited as provided in this charter.
- (c) And said City Council of Ludowici shall have power and authority to authorize and require the chief of police and police officers of said city to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons.
Section 22. It shall be the duty of the chief of police by himself or through the force under him and at his command, at all times, to preserve the public peace, good order and tranquility of said city and its inhabitants, to prevent the commission of crime and arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to protect strangers and travelers at railway stations, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks and other places, to preserve order at election and public meetings and assemblages, to regulate movements of teams and vehicles in the streets and to prevent the violation of all laws and ordinances in force applicable to the police of said city.

3680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 23. (a) For the purpose of raising revenues for the support and maintenance of the government of the City of Ludowici, the City Council of Ludowici shall have the power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation not exceeding one and one-fourth per cent, of the assessed value of all such property.
(b) The City of Ludowici shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form and time of making out tax returns, tax lists or inventories and appraisement of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers, and fix their compensation and adopt such other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes and levy the same by their proper ievying officer and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid.
(c) The said city council shall also have the authority to levy a tax of one mill on all property within the corporate limits for the purpose of promoting new industry for the said city.
Section 24. The City Council of Ludowici shall have power and authority to license and regulate theatrical exhibitions, merry-gorounds, circuses and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies and public vehicles of all kinds as well as private vehicles; and also traveling venders of patent medicine, soaps, notions and all other articles, except such as are exempt by the laws of this State; also hotels, boarding houses, auction houses, restaurants, fish stands, laundries, billiard, pool and other kinds of tables, ten pins, shooting galleries and bowling alleys, and all contrivances

GEORGIA LAWS 1980 SESSION

3681

and devices for carrying on games; also barber shops, plumbers, butcher shops, livery stables, slaughter houses, butcher pens, tan yards, automobile repair shops, blacksmith shops, steam gins, saw mills, planing mills; also auctioneers, peddlers and pawnbrokers; the sale of near beer and similar non-intoxicating beverages and imitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades or avocations, public or private, exercised within the city as may be deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of said city. They shall have like power to remove or cause to be removed all dilapidated buildings or unsafe buildings, fences, chimneys or structures of any kind which may be considered a nuisance or dangerous, and also to have excavations, dry wells, pits and ditches filled when deemed expedient.
Section 25. The City Council of Ludowici shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution.
Section 26. The City shall have the right, power, and authority, under the police, health, and welfare powers of government and the power herein granted, to require all residents, land owners, tenants, and all others, either natural persons or legal creatures or associations, to connect to and use city water and sewer systems and to prohibit use of private water and sewer systems other than those in use prior to the effective date of this section.
Section 27. (a) The City Council of Ludowici shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit; For building, maintaining waterworks and electric light system for said city and laying water mains

3682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and sewers, paving, macadamizing, repairing and improving the public streets, highways and lanes, alleys and crossings of the city, and for the purpose of building a city hall and any other public buildings and works, and making any other public improvement that may be needed for said city.
(b) Before any bonds of said city shall be issued for any of the foregoing purposes, the City Council of Ludowici shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued and shall specify the purpose and amount thereof, the rate of interest to be paid annually, when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State.
(c) Such an election or elections may be called at any time or times or from time to time, for issuing bonds for any one or more or all of the before-stated purposes as deemed expedient by said city council; Provided, always, that the limits of the total bonded indebtedness of said city, as fixed by the Constitution of the State, shall never be exceeded. Should two-thirds of the qualified voters of said city vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bond, of an annual tax upon all the property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bond. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial paper; and said city council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they are respectively issued.
Section 28. The city shall have the power and authority to condemn private property for public purposes and for streets, lanes, sidewalks, curbs, alleys, ditches, drains, sewers, water lines, meters, fire hydrants, parks, public areas, and any and all other public purposes under procedures provided by general law.

GEORGIA LAWS 1980 SESSION

3683

Section 29. The City Council of Ludowici shall have power and authority when necessary to supply casual deficiencies in the revenues of said city; to negotiate a temporary loan or loans and execute a note or notes therefor, in the name of said city, as may be provided by special resolution or ordinance for that purpose.
Section 30. (a) The City Council of Ludowici shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street line and sidewalks of said city, and when said city council desires to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed by general law. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost.
(b) The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, post or other obstruction or nuisance in the street, alley, lane, sidewalk or other public places in said city, and to enforce the provisions of this section by appropriate ordinance.
Section 31. (a) The City Council of Ludowici shall have the power and authority to regulate by ordinance the speed at which automobiles, bicycles and other vehicles of any description shall be driven within said city and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to punish violators of such rules, regulations or ordinances as they may pass on the subject embraced in this section.
(b) Said city council shall have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives and stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city.

3684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 32. The City Council of Ludowici shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on or along the public streets, lanes, alleys, sidewalks, parks and other property of said city, on such terms and conditions as they may fix by ordinance; Provided, that no such franchise or easement or right-of-way shall be granted for a term of more than 35 years, nor without fair and adequate compensation to said city, to be provided for in said franchise ordinance; and, provided, further, that the city council shall have authority to revoke all franchises so granted for the violation of any of the terms and conditions upon which the same is granted.
Section 33. The City Council of Ludowici shall have full and absolute power and authority to control by ordinance all city pipes, sewers and drains, private drains, water closets, privies and the like in said city, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said city.
Section 34. The City Council of Ludowici shall have full power and authority to declare what shall be deemed a nuisance in said city and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the city council with respect to the trial and abatement of nuisances in said city.
Section 35. The City Council of Ludowici shall have full power and authority to own, construct, extend, enlarge, operate and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks, sewer, trash collection, gas and a system of electric lights whenever they may consider it expedient; to make rules and regulations regarding the use of the same, and fixing prices and rates.
Section 36. The City Council of Ludowici shall have power and authority to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change and modify the same from time to time, to prescribe how and of what material buildings within said district may be constructed and erected; how thick the walls shall be, the manner in which chimneys, flues and stovepipes shall be constructed, and to

GEORGIA LAWS 1980 SESSION

3685

make such reasonable rules, regulations and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration.
Section 37. It shall be the duty of the City Council of Ludowici to provide such fire protection for said city as in their discretion said city can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as may be deemed advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration to property in said city.
Section 38. The City Council of Ludowici shall have power and authority to make and enforce all ordinances necessary and wisely precautionary for the prevention of any contagious or infectious diseases or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules and regulations in regard thereto, and to punish any violations of any of said rules or regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or without the limits of said city, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious diseases when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or sojourners, to be vaccinated, and may provide vaccine virus and employ physicians at the expense of said city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated.
Section 39. The City Council of Ludowici shall have power and authority in their discretion to acquire by gift, purchase or otherwise, on behalf of said city, land or ground suitable for a park or parks for the use of the public and as may be in their judgment to the health, interest and welfare of the citizens of said city. They shall have power and authority to improve, beautify and keep up the same, and to that end may make appropriations therefor, and to

3686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provide such officers or employees as may be necessary to care for, protect and keep the same in order.
Section 40. The City Council of Ludowici shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places and parks in said city, and to prevent the cutting, impairing or mutilation thereof by electric, telephone, or telegraph companies or employees or by other persons unless the same is done under and with the express and formal consent of the city council, or some officer appointed by them to direct the same, and then only when absolutely necessary.
Section 41. The City Council of Ludowici shall prescribe by ordinance how and by whom purchases for supplies, materials and other necessary articles for said city and any department thereof shall be made or contracted in behalf of said city, and no purchase made in any other matter or by any other person than as prescribed in such ordinance shall be valid or binding on said city.
Section 42. In case the mayor or any alderman while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council or by the aldermen composing the council in case of the mayor, and upon conviction by not less than three votes shall be removed from office.
Section 43. The City Council of Ludowici shall have power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of Ludowici, and they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof.
Section 44. All ordinances, bylaws, rules and regulations heretofore adopted by the Mayor and Council of Ludowici, which are now in force and not inconsistent with, or repugnant to, any provision of this Act shall remain in full force and effect under this char-

GEORGIA LAWS 1980 SESSION

3687

ter until repealed, altered or amended by the City Council of Ludowici.
Section 45. The recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited in any court in this State and shall be taken as prima facie true.
Section 46. The City Council of Ludowici shall have power and authority to adopt a code of ordinances and to amend and repeal the same or any part thereof.
Section 47. The enumeration of powers contained in this Act shall not be considered as restrictive, but the City Council of Ludowici and the authorities of said city may exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and the city council may pass all laws and ordinances, rules and regulations that they may deem needful and proper for the general welfare and protection of said city, and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined the city council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of this State."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend, revise and update The Charter, City of Ludowici, Georgia.

3688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 29th day of January, 1980.
Glenn E. Bryant Senator, 3rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn E. Bryant who, on oath, deposes and says that he/she is Senator from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 31, February 7, 14, 1980.
Is/ Glenn E. Bryant Senator, 3rd District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

GEORGIA LAWS 1980 SESSION

3689

FANNIN COUNTY - SHERIFF'S PERSONNEL.
No. 1040 (Senate Bill No. 616).
AN ACT
To amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended, so as to change the provisions relative to personnel employed by the Sheriff; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The Sheriff of Fannin County shall have the sole power to designate the persons who shall serve as deputies, radio operators, secretaries, and in other positions as employees of the office of Sheriff. The Sheriff shall make a recommendation in writing to the governing authority of Fannin County of the compensation to be received by each employee in his office, but the compensation of each such employee shall be fixed by said governing authority. The recommendations of the Sheriff shall be made to the governing authority from time to time as said governing authority shall determine. The compensation of all personnel in the office of Sheriff shall be paid from county funds. All personnel employed by the Sheriff shall serve at his pleasure, and it shall be within the sole power of the Sheriff to prescribe their duties and assignments."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

3690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. Laws 1965, p. 2294), as amended; and for other purposes.
This 28th of January, 1980.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980.
Is/ John C. Foster Senator, 50th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is1`` Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.

GEORGIA LAWS 1980 SESSION

3691

PENSION SYSTEM FOR EMPLOYEES OF CERTAIN CITIES AMENDED (MORE THAN 300,000).
No. 1041 (House Bill No. 1321).
AN ACT
To amend the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to provide that enrollment pursuant to the provisions of this Act, as amended, shall be irrevocable; to provide that, except under specified circumstances, the refund of employee contributions shall be prohibited; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial census of 1970, or any such future census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. The receipt of an applicant's executed enrollment or application card by the Commissioner of Finance or his agent, shall constitute the irrevocable consent of the applicant to participate under the provisions of this Act, as amended, or as may hereinafter be amended.
Section 2. Except upon the separation of employment other than retirement or death of an employee, or in the case of bookkeeping, clerical or data processing errors, the refund of pension contributions paid by an employee shall be prohibited.

3692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.
PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS OF CERTAIN CITIES AMENDED
(MORE THAN 300,000).
No. 1042 (House Bill No. 1325).
AN ACT
To amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. Laws 1973, p. 2837), as disclosed by the United States census of 1920, or any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and several Acts amendatory thereof, particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), so as to reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(g) of said Ga. Laws 1978, p. 4508; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; to amend the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3620), relating to credit for prior service, so as to clarify provisions and make technical changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3693

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. Section 1 of the amendment to said Act, approved April4, 1978 (Ga. Laws 1978, pp. 4508, et seq.), is hereby amended by adding thereto a new subsection (s) which shall provide as follows:
"(s) Any employee participating in the provisions of the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts owed or amounts due to such municipality by such exemployee."
Section 2. Quoted subsection (J)(l) of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3620) is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)( 1) to read as follows:
"(J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4508, 4516); provided, however, the penalty provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to October 1, 1978, and who terminated employment subsequent to April 1, 1978. The total amount of such required contributions shall be increased

3694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
by a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or October 1, 1978, whichever is later to the date of application. The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribution shall be based upon the gross salary of such person at the time of filing of the application for previous service credit. The payment of the contributions of previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contribution shall bear interest at seven percent (7%) per annum on the unpaid balance.
The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation.".

GEORGIA LAWS 1980 SESSION

3695

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 21, 1980.

RICHMOND COUNTY OPENING OF BIDS, ETC.
No. 1043 (House Bill No. 1412).
AN ACT
To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for an additional method of opening bids to allow the bids to be opened on dates prior to Board meetings if opened in the office of the Superintendent or his designee, with at least one Board member present and after notification to the affected bidders and vendors, allowing them to be present; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by adding to the end of Subsection (g), Section 7 of Section H of said Charter a new unnumbered paragraph to read as follows:

3696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"In addition to the procedures for opening and reading bids as required above for purchases in excess of $3,000.00, the Superintendent of Schools, or his designee shall be allowed to open and read such bids in public at the Board office on dates prior to any regular or special called Board meeting so long as all affected bidders and vendors are notified of the time and place of the bid opening and at least one Board member (or more if desired by the Board), as from time to time approved and allowed by said Board of Education is present at said bid opening. If this alternate bid procedure is used, the bids so opened shall be computed and presented to the Board of Education at its next regular or any special called Board meeting and at such meeting the contract shall be awarded to the lowest responsible bidder meeting specifications or all bids rejected and readvertisement reordered. This is an alternate bid opening procedure and does not change any of the requirements for advertisement, public inspection or any other portion of the laws relating to the Board of Education of Richmond County and its procedure in letting contracts other than allowing for this one additional method of opening and reading bids."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act entitled "And Act to Regulate Public Instruction in the County of Richmond", approved August 23, 1872 (Ga. Laws 1872, P. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to allow certain bids to be opened on dates prior to Board meetings by the Superintendent of Schools, or his designee, when from time to time authorized by the

GEORGIA LAWS 1980 SESSION

3697

Board and when at least one Board member is present; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other similar purposes.

This 28th day of December, 1979.
Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County
Georgia, Richmond County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980.
As provided by law.
Is/ William S. Morris, III, Publisher

3698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of January, 1980.
Is/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal).
Approved March 21, 1980.
WHITFIELD COUNTYDEPUTY CORONER. No. 1044 (House Bill No. 1419). AN ACT
To change the compensation of the coroner of Whitfield County; to authorize the coroner to appoint a deputy; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. The coroner of Whitfield County shall receive an annual salary in the amount of $3,600.00, payable monthly out of county funds. The salary shall be in lieu of all fees and commissions authorized for coroners, except that the coroner shall be reimbursed for his ordinary and necessary expenses in the performance of his duties in Whitfield County. In lieu of the reimbursement of expenses as provided above, the governing authority may authorize the payment to the coroner of a reasonable monthly expense allowance.

GEORGIA LAWS 1980 SESSION

3699

Section 2. The coroner shall appoint a deputy coroner to perform the duties of the coroner during the absence or disability of the coroner. The coroner shall notify the probate judge of the appointment of the deputy coroner. It will be the duty of the coroner to notify the probate judge in the event of his absence or disability. When performing the duties of the coroner, the deputy coroner shall receive the fees authorized by general law for coroners. The deputy coroner shall serve at the pleasure of the coroner.
Section3. This Act shall become effective January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill relative to the coroner and office of coroner of Whitfield County; and for other purposes.
This 3rd day of January, 1980.
Roger Williams Representative, 6th District Tom Ramsey R. L. Foster
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Foster who, on oath, deposes and says that he/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legisla-

3700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion was published in the Daily Citizen-News which is the official organ of Whitfield County, on the following dates: January 4, 1980, January 11, 1980, January 18, 1980.
Is/ R. L. Foster Representative, 6th District
Sworn to and subscribed before me, this 23rd day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.
TOWN OF ARABI - ELECTIONS. No. 1046 (House Bill No. 1719). AN ACT
To amend an Act creating a new charter for the Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917, p. 496), as amended, so as to change the date of annual municipal elections; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917,

GEORGIA LAWS 1980 SESSION

3701

p. 496), as amended, is hereby amended by adding a new sentence at the end of Section 6 to read as follows:
"Beginning with the election held in 1980, the annual municipal election of the Town of Arabi shall be held on the second Tuesday of December."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Arabi in the County of Crisp, approved August 20, 1917 (Ga. Laws 1917, p. 496), as amended; and for other purposes.
This 14th day of January, 1980.
Howard H. Rainey Representative, 135th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 17,24,31, 1980.
Isl Howard H. Rainey Representative, 135th District

3702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.
CITY OF CENTERVILLE -H CORPORATE LIMITS. No. 1047 (House Bill No. 1720). AN ACT
To amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, particularly by an Act approved April 11, 1975 (Ga. Laws 1975, p. 2836), so as to define the corporate limits; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. Laws 1958, p. 3323), as amended, particularly by an Act approved April 11, 1975 (Ga. Laws 1975, p. 2836), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:

GEORGIA LAWS 1980 SESSION

3703

"Section 2. The corporate limits of said municipality shall extend over that territory embraced within the following description:
Beginning at a point on the northerly boundary of Watson Boulevard (State Route No. 247 Connector) where the westerly line of land lot 114 of the fifth land districts of Houston County intersects therewith; thence in a northerly direction along the westerly line of land lots 114, 113 and 112 to a point where the southwesterly boundary of Houston Lake Boulevard intersects therewith; thence continuing in a generally northerly direction along the westerly boundary of Houston Lake Boulevard to a point where the northerly line of Gunn property intersects therewith; thence in a westerly direction along the northerly line of said Gunn property for 1600 feet to a point; thence in a northerly direction along a line parallel to Houston Lake Boulevard to a point 1000 feet northerly' of the northerly boundary of Thomson Street; thence in an easterly direction along a line parallel with said Thomson Street to a point where the easterly boundary of Houston Lake Boulevard intersects therewith; thence in a southerly direction along the easterly boundary of Houston Lake Boulevard to the northwest corner of Lot 5, Pike Estates; thence N 8939'30" E for 440 feet to a point; thence S 036'30" W for 350 feet to a point; thence S 8939'30'' W for 440 feet to a point on the easterly boundary of Houston Lake Boulevard; thence in a southerly direction along the easterly boundary of said Houston Lake Boulevard for 600 feet to a point on the northerly line of Land Lot 112; thence in an easterly direction along the northerly line of land lot 112 to a point where the westerly boundary of Collins Avenue (formerly Holt Road) intersects therewith; thence continuing along the extension of said line to the easterly boundary of Collins Avenue; thence in a northerly direction along the easterly boundary of Collins Avenue for 681 feet, more or less, to a point where the southerly boundary of Crestwood Road intersects therewith; thence in a easterly direction along the southerly boundary of Crestwood Road for 293.35 feet to a point; thence S 0643' W for 140.45 feet to a point; thence along an arc, having a radius of 115 feet, to the left for 190.0 feet to a point; thence N 0321' E for 129.7 feet to a point being the southwest corner of Lot 2, Block `C', Section No. 1, Crestwood Estates Subdivision; thence N 8935' E for 345.0 feet to a point; thence N 7600' E for

3704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VIL. II
115.0 feet to a point; thence N 6048' E for 242.0 feet to a point; thence N 84 30' E for 102.0 feet to a point; thence S 8814'30" E for 271.5 feet to a point; thence N 0222' Ei for 225.0 feet to the northerly boundary of Crestwood Road; thence N 8814'30" W along the northerly boundary of Crestwood Road for 120.0 feet to a point where the easterly boundary of Bauman Drive intersects therewith; thence N 02 22' E along the easterly boundary of Bauman Drive for 175.1 feet to a point being the southwest corner of Lot 12, Block `A', Extension No. 1, Browndale Estates Subdivision; thence S 88 14' E for 1397.15 feet to a point where the easterly line of Land Lot 124 intersects therewith; thence N 045'30'' E along the easterly line of said land lot 124 for 459.5 feet to a point being the northeast corner of Lot 1, Block `B\ Extension No. 1, Browndale Estates Subdivision; thence N 8908' W for 789.6 feet to a point; thence N 003' E for 1526.8 feet to a point; thence due west for 630 feet to a point; thence N 140' E for 403 feet to a point; thence N 243' E for 94.6 feet to a point; thence N 300' W for 221.4 feet to a point; thence S 89 19' E for 2410.5 feet to a point; thence S 88 58' E to a point where the westerly boundary of Scarborough Road intersects therewith; thence, in a northerly direction along the westerly boundary of Scarborough Road for 692 feet, more or less, to the northeasterly corner of Lot 1, Block `E\ Section No. 3, Westover Hills Subdivision; thence N 8941' E to a point where the westerly boundary of Carl Vinson Parkway (formerly Bateman Road) intersects therewith; thence S 053' W along the westerly boundary of said road to a point where Carl Vinson Parkway begins to curve to the right; thence continuing S 053' W to a point where the southerly boundary of Elberta Road intersects therewith; thence in a westerly direction along the southerly boundary of said Elberta Road to point where the easterly boundary of Archdale Drive intersects therewith; thence S 01 30' E along the easterly boundary of said Archdale Drive for 289.63 feet to a point; thence N 8830' E for 125 feet to a point; thence S 01 30' E for 200 feet to a point; thence S 8830' W for 125 feet to a point on the easterly boundary of Archdale Drive; thence S 0130' E along the easterly boundary of said Archdale Drive for 100 feet to a point where the northerly boundary of Mason Drive intersects therewith; thence N 8830' E along the northerly boundary of said Mason Drive for 25 feet to a point; thence S 01 30' E for 350 feet to a point;

GEORGIA LAWS 1980 SESSION

3705

thence S 8830' W for 100 feet to a point; thence N 0130' W for 350 feet to a point on the northerly boundary of Mason Drive; thence N 88 30' E along the northerly boundary of Mason Drive to a point where the westerly boundary of Archdale Drive intersects therewith; thence N 0130' W along the westerly boundary of said Archdale Drive for 589.6 feet to a point on the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary of said Elberta Road to a point where the southeasterly boundary of Carl Vinson Parkway intersects therewith; thence in a generally southwesterly direction along the southeasterly boundary of Carl Vinson Parkway to a point where the southeasterly extension of the southwesterly boundary of the southwesterly ramp of Elberta Road intersects therewith; thence in a generally northwesterly direction along said extension of said ramp boundary to the northwesterly boundary of Carl Vinson Parkway; thence continuing in a northwesterly direction along the said ramp boundary to a point where said ramp boundary intersects with the southerly boundary of Elberta Road; thence in a generally westerly direction along the southerly boundary of said Elberta Road to a point 1064.04 feet easterly of the intersection of the southerly boundary of Elberta and the easterly boundary of Collins Avenue; thence S 033'20" W for 450.55 feet to a point; thence S 8930' W for 369.9 feet to a point being 700 feet easterly of the easterly boundary of Collins Avenue; thence in a southerly direction to the northwesterly corner of Lot 1, Block `A', Sentry Oaks Subdivision; thence S05' E for 439.05 feet to the southwesterly corner of Lot 1, Block `B' of said Subdivision; thence continuing in a southerly direction along the westerly property line of Tower, Inc. property to a point on the northerly boundary of Watson Boulevard (State Route 247 connector); thence in a westerly direction along the northerly boundary of said road to the point of beginning.
Provided, however, that there is excepted and excluded from the territory within the corporate limits of said City the following described area, to wit:
Beginning at a point where the northerly boundary of Elberta Road intersects with the easterly boundary of Collins Avenue; thence in a northerly direction along the easterly boundary of said Collins Avenue for 2038 feet to a point being < 118-2

3706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the northwesterly corner of Bobby Singleton property; thence N 8904'30" E for 210.0 feet to a point; thence S 5739'00" E for 236.74 feet to a point; thence N 001'30" W for 84.9 feet to a point; thence N 8904'30" E for 976.87 feet to a point; thence S 0222' W for 210.22 feet to a point; thence N 8904'30" E for 901.11 feet to a point; thence S 045' W for 1460.04 feet to a point on the northerly boundary of Elberta Road; thence in a generally westerly direction along the northerly boundary of Elberta Road to the point of beginning.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legal Legislation.
Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia, a bill to amend the charter of the City of "Centerville" so as to extend the corporate limits; to appeal conflicting laws; and for other purposes this 21st day of January 1980.
Ted Waddell Representative, 113th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle who, on oath, deposes and says that he/she is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal

GEORGIA LAWS 1980 SESSION

3707

which is the official organ of Houston County, on the following dates: January 24, 31, 1980, February 7, 1980.
Is/ Ted W. Waddle Representative, 113th District

Sworn to and subscribed before me, this 12th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

COLUMBIA COUNTY - BOARD OF COMMISSIONERS CREATED, REFERENDUM.
No. 1049 (House Bill No. 1730).
AN ACT
To create a new board of commissioners of Columbia County; to provide for the qualifications and elections of members; to provide for election districts; to provide for a chairman and vice chairman; to provide for powers and duties and compensation of members, including the chairman and vice chairman; to provide for standing committees; to provide for ordinances, rules, and regulations; to provide for contracts; to provide for an orderly transition of office; to repeal a specific Act; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

3708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
Section 1. There is hereby established in the Countv of Columbia a board of commissioners, which board shall be the governing authority of said county and shall be composed of five members to be elected as hereinafter provided. For the purposes of electing members of the board, Columbia County is divided into five election districts as follows:
Election District No. 1 shall be composed of all of that territory within Columbia County embraced within Georgia Militia Districts No. 125andNo. 125-1 (Evans).
Election District No. 2 shall be composed of all of that territory within Columbia County embraced within Georgia Militia Districts No. 125-AandNo. 125-A-l (Martinez).
Election District No. 3 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 128 (Harlem).
Election District No. 4 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 1285 (Grovetown) and Georgia Militia District No. 126 (Sardis) (Kiokee).
Election District No. 5 shall be composed of all of that territory within Columbia County embraced within Georgia Militia District No. 135 (Hazen), Georgia Militia District No. 134 (Leah) (Dunn Chapel), Georgia Militia District No. 129 (Appling), and Georgia Militia District No. 131 (Winfield).
Section 2. (a) The first election for members of the board of commissioners of Columbia County, Georgia, shall be held in the general election of 1980. Candidates elected to the board shall take office on the first day of January following their election. The two candidates elected to the board who receive the least number of votes shall serve a term of two years, the remaining three candidates elected to the board shall serve for a term of four years, and all shall serve until their successors are duly elected and qualified. Thereafter, successors to the initial members of the board shall be elected in the general election in which their terms of office shall expire; shall take office on the first day of January following their election; and shall serve for a term of four years and until their successors are duly elected and qualified.

GEORGIA LAWS 1980 SESSION

3709

(b) One member of the board shall be from each district and shall be a bona fide resident of the district he represents. Each member of the board shall be elected by the qualified voters of the entire county. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the district from which he offers as a candidate. To be elected as a member of the board, a candidate must receive the highest number of votes cast for the seat he is seeking; and, at the same time, a candidate must receive a majority of the total votes cast for the election of a commissioner to that seat. In the event no candidate for a particular seat receives a majority of the votes for the seat he is seeking, a runoff election shall be conducted for that particular seat in accordance with the provisions of the Georgia Election Code, as now or hereafter amended.
Section 3. (a) The commissioners shall, at their first meeting in January of each year, elect one of their number to serve as chairman for the ensuing calendar year. In the event a vacancy occurs in the office of chairman by reason of death, resignation, disability, or from any other cause, the members of said board of commissioners shall elect from their membership a person to serve as chairman of the board for the remainder of that calendar year. A member shall not serve as chairman for more than two consecutive years, but such a member may again serve as chairman after a lapse of one year.
(b) At the first meeting in January of each year, the commissioners shall also elect one of their number to serve as vice chairman of the board of commissioners for the ensuing calendar year, who shall serve as chairman of the board of commissioners in the absence of the chairman.
Section 4. In the event that any vacancy shall occur in the term of office of any of said commissioners from death, resignation, disability, or otherwise, it shall be the duty of the board of commissioners to notify the election superintendent of Columbia County, Georgia, who shall immediately call a special election in order to fill said vacancy. The special election shall be held in accordance with the Georgia Election Code.
Section 5. (a) The chairman of the board of commissioners of Columbia County, Georgia, shall receive an annual salary of $5,000.00, payable in equal monthly installments from county

3710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
funds. Each of the other members of said board shall receive an annual salary of $1,800.00, payable in equal monthly installments from county funds.
(b) Each member of said board, before entering upon the discharge of his duties as such, shall take and subscribe before the judge of the Probate Court of Columbia County the following oath, to wit:
"I do hereby solemnly swear that I will faithfully discharge the duties of commissioner of Columbia County, Georgia, and that I will uphold to the best of my ability the ordinances and resolutions of Columbia County, Georgia, and the laws and Constitutions of the State of Georgia and the United States of America, so help me God."
Section 6. Said board of commissioners of Columbia County shall meet at the courthouse in said county on the first Tuesday of each month and at the governmental office complex in Martinez, Georgia, on the third Tuesday of each month; provided, however, that said board shall meet at such other times as determined by the chairman or by a majority of said board of commissioners. Official actions of the board shall only be taken at the county site.
Section 7. No person shall be eligible to be elected as a member of said board of commissioners unless he be a qualified voter of said county and shall have resided in said county for two years previous to the time of his election.
Section 8. All ordinances and resolutions adopted by the board of commissioners of Columbia County, Georgia, prior to the effective date of this Act shall remain in full force and effect and are not repealed, modified, or changed by this Act.
Section 9. The board of commissioners of Columbia County, Georgia, is hereby authorized to enact ordinances, rules, resolutions, and regulations implementing the powers granted by the Constitution and laws of the State of Georgia to the governing authorities of the various counties in the State of Georgia. In addition, the board shall have the following powers and duties:

GEORGIA LAWS 1980 SESSION

3711

(a) To cause the Code of Ordinances of Columbia County to be updated at least annually.
(b) To maintain, or cause to be maintained, an accurate accounting of all financial affairs of the county and to submit a report thereof to the people annually.
(c) To inspect, at least annually, roads, bridges, buildings, or other public works of the county and to submit a report of same to the people.
(d) To prepare annually and cause to be filed in the permanent records of the county an inventory of all county property, both real and personal, which inventory shall show the amount of insurance coverage provided for each building, vehicle, or other item of county property.
(e) To be solely responsible for employing the various department heads, including, but not being limited to, the controller, director of administrative services, county engineer, planning and zoning administrator, superintendent of the water and sewerage department, superintendent of the animal control department, or such other offices as it may be necessary from time to time to create. Said board of commissioners may delegate the hiring of other county employees to the respective department heads.
(f) To organize the affairs of Columbia County within various departments, including, but not being limited to, engineering, roads, bridges and public works, planning and zoning, administrative services, finance, water and sewerage, recreation, and animal control, and to employ qualified personnel to head each such department.
(g) To undertake and transact such other business as is necessary for the orderly conduct of county affairs.
Section 10. The chairman of the board of commissioners shall:
(a) Conduct all meetings of the board of commissioners in accordance with county ordinances heretofore or hereafter enacted.
(b) Cause the director of administrative services to keep accurate minutes and records of each meeting of the board and cause same to be bound and kept in a permanent form.

3712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Represent Columbia County at all official functions which call for a representative from Columbia County.
(d) Execute all contracts or other agreements on behalf of the county.
Section 11. There are hereby created the standing committees of (1) finance; (2) planning and zoning; (3) roads, bridges, and public works; (4) water and sewerage; (5) public health and safety; and (6) general services and administration. At the first meeting in January of each year, the board of commissioners, by majority vote, shall appoint a chairman and one member to each of such committees. Said board of commissioners may, from time to time and as required, create other committees and assign thereto duties and powers necessary to carry out their functions. In the event such other committees are created, the board of commissioners, by majority vote, shall appoint from the board of commissioners one member as chairman and one additional member of each such committee; provided, however, in the event such other committees are created by the board of commissioners, same shall serve until dissolved by the board.
Section 12. (a) The finance committee shall be administratively responsible for the financial affairs of Columbia County and the office of controller. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the financial affairs of the county.
(b) The planning and zoning committee shall be administratively responsible for the planning and zoning department of Columbia County and the office of planning director. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the planning and zoning and related affairs of the county.
(c) The roads, bridges, and public works committee shall be administratively responsible for the construction, repair, and maintenance of the roads, bridges, streets, buildings, landfills, and other public works of Columbia County. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances,

GEORGIA LAWS 1980 SESSION

3713

and mandates of the board of commissioners as they pertain to the roads, bridges, streets, buildings, and other public works of the county.
(d) The water and sewerage committee shall be administratively responsible for the water and sewerage system of Columbia County and the water and sewerage department. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the water and sewerage system of the county and the water and sewerage department.
(e) The public health and safety committee shall be administratively responsible for all matters of Columbia County pertaining to public health, safety, recreation, and the various departments within that category. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to public health and safety of the county.
(f) The general services and administration committee shall be administratively responsible for the general services and administration of the affairs of Columbia County and the administrative department and other general service departments of Columbia County. Said committee shall be responsible for and carry out all rules, regulations, resolutions, ordinances, and mandates of the board of commissioners as they pertain to the general services and administration of the affairs of the county. The chairman of the board of commissioners shall serve as the chairman of the general services and administration committee.
Section 13. The chairman of the board of commissioners shall be eligible to serve as chairman or member of any of the aforementioned standing committees or any other committee created by the board of commissioners.
Section 14. All expenditures of county funds, from whatever source, shall be approved by the board of commissioners in accordance with ordinances heretofore or hereinafter enacted.
Section 15. All contract agreements or other undertakings of a binding legal nature shall not be valid or binding upon the county

3714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unless same have been approved by a majority vote of the members of the board of commissioners present at a regular or duly called meeting at which a quorum is present and thereafter entered upon the minutes of the board; provided, however, that, in the event the chairman is absent from any such meeting, the other members shall choose one of their number to serve as presiding officer at said meeting.
Section 16. The board of commissioners of Columbia County is hereby prohibited from entering into any contract with any firm, partnership, joint venture, or corporation in which any member or members of said board have a financial interest, either directly or indirectly.
Section 17. An Act of the General Assembly creating the board of commissioners of roads and revenues of Columbia County, Georgia, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, is hereby repealed in its entirety.
Section 18. For the purposes of holding the referendum election, Section 19 shall become effective upon its approval by the Governor or upon its becoming law without his approval. If this Act is approved in the referendum provided for in Section 19, for the purposes of electing the members of the board of commissioners created by this Act at the 1980 general election, the provisions of Sections 1, 2, and 7 shall become effective immediately upon the approval of such Act in the referendum. If this Act is approved in the referendum provided for in Section 19, the remaining provisions of this Act shall become effective January 1, 1981.
Section 19. Not less than 5 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Columbia County to issue the call for an election for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words:

GEORGIA LAWS 1980 SESSION

3715

`[ ] YES Shall the Act providing for a new board of [ ] NO commissioners and providing for the board to
elect the chairman be approved?"
All persons desiring to vote for approval of the Act shall vote `Yes,' and those persons desiring to vote for rejection of the Act shall vote `No.' If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Columbia County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular session of the General Assembly of the State of Georgia a bill to amend an act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Georgia Laws 1927, p. 549), as amended; and for other purposes.
This day of January 23rd, of 1980.
William S. Jackson Representative, 77th District
Georgia, Columbia County. Personally appeared Philip B. Blanchard, who being duly sworn
says that he is Publisher of The Columbia News a Weekly newspaper

3716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in Martinez, Georgia, and that the advertisement Notice of Intention to Introduce Local Legislation duly appeared in said newspaper on the following dates: January 23, 30; and February 6, 1980.
Is/ Philip B. Blanchard
Sworn to and subscribed before me, this 8th day of February, 1980.
Is/ Judith M. Vamadore Notary Public, Georgia, State at Large. My Commission Expires Jan. 29, 1983.
Approved March 21, 1980.
MITCHELL COUNTY - TAX COMMISSIONER PLACED ON SALARY BASIS.
No. 1050 (House Bill No. 1734). AN ACT
To abolish the present method of compensating the tax commissioner of Mitchell County known as the fee system and provide in lieu thereof an annual salary for said officer; to provide for clerical assistance; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3717

Be it enacted by the General Assembly of Georgia:
Section 1. The present method of compensating the tax commissioner of Mitchell County is hereby abolished.
Section 2. The tax commissioner shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a tax commissioner in a county having the same population as that of Mitchell County. The salary shall be payable in equal monthly installments from county funds.
Section 3. All fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Mitchell County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended, or its successor law and including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials.
Section 4. Subject to the provisions of Section 6, the tax commissioner shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to des-

3718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ignate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Mitchell County.
Section 6. Not later than the second Monday of September in each year the tax commissioner shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the tax commissioner, the number and salaries of employees of the tax commissioner, and all other lawful expenditures proposed for the operation of the office of tax commissioner. The county governing authority, after consultation with the tax commissioner, shall decide, within its discretion, on the final budget. The decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year.
Section 7. This Act shall become effective January 1, 1981.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing Tax Commis-

GEORGIA LAWS 1980 SESSION

3719

sioner of Mitchell County on salary, fixing the salary of such office and for other purposes.
Board of Commissioners of Mitchell County, Frank S. Twitty, Sr. County Attorney Camilla, Georgia

Georgia, Mitchell County.

Personally appeared before the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear.
Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11,18 and 25, 1980.

f/si B. T. Burson

Sworn to and subscribed before me, this 31st day of January, 1980.

Is/ Kellie P. White Notary Public, My Commission Expires Sept. 13, 1982. (Seal).

Approved March 21, 1980.

3720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GORDON COUNTY - VACANCIES ON BOARD OF EDUCATION, REFERENDUM.
No. 1051 (House Bill No. 1745).
AN ACT
To amend an Act creating a new Board of Education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2447), so as to change the provisions relative to filling vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new Board of education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2447), is hereby amended by striking subsection (a) of Section 3 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a person from the vacant member's respective area as described in subsection (a) of Section 2 of this Act to serve until the next general election, and at such election a successor shall be elected to fill such vacancy for the unexpired term or such successor shall be elected for a full term if the vacancy occurred during the last two years of the term of office. Only voters of Gordon County residing within the Gordon County School District shall be eligible to vote at an election provided for herein."
Section 2. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Gordon County to issue the call for an election for the purpose of submitting this Act to the electors of the Gordon County School District for approval or rejection. The superintendent shall set the date of such election for August 12, 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the

GEORGIA LAWS 1980 SESSION

3721

election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gordon County. The ballot shall have written or printed thereon the words:
0 YES Shall the Act providing that vacancies occurring on the Board of Education of Gordon County shall be filled by the remaining members of the
[ ] NO board only until the next general election at which time such vacancy shall be filled by the voters of the Gordon County School District be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Gordon County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating a new Board of Education of Gordon County, approved March 13, 1970 (Ga. Laws 1970, p. 2657), as amended; and for other purposes.

3722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

This 18th day of January, 1980.

Ernest Ralston Representative, 7th District

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ernest Ralston who, on oath, deposes and says that he/she is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times and Gordon County News which is the official organ of Gordon County, on the following dates: January 23, 30, February 6, 1980.

Isl Ernest Ralston Representative, 7th District
Sworn to and subscribed before me, this 12th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 21, 1980.

GEORGIA LAWS 1980 SESSION

3723

COMPENSATION OF NAMED OFFICIALS OF CERTAIN COUNTIES (145,000 - 165,000).

No. 1052 (House Bill No. 1755).

AN ACT

To amend an Act to provide and fix the compensation of certain elected officials in certain counties of this state, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4195), so as to change the salaries of certain elected officials in said counties; to provide an effective date; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia;

Section 1. An Act to provide and fix the compensation of certain elected officials in certain counties of this state, approved March 24, 1976 (Ga. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), an Act approved March 16, 1978 (Ga. Laws 1978, p. 3860), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4195), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows

"Section 1. In all counties of this state having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States decennial census or any future such census, the following elected officials in such counties shall receive a monthly salary as provided:

clerk of superior court judge of probate court tax commissioner judge of state court solicitor of state court coroner judge of civil court associate judge of civil court chairman, board of commissioners county commissioners

$1,874.25 $2,143.74 $1,995.00 $2,916.66 $1,424.43 $ 982.80 $2,259.60 $1,874.25 $ 783.33 $ 583.33

3724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

district attorney judges of the superior court sheriff

. $ 625.62 $ 848.24 $2,452.80.

Provided, however, that the judge of the state court shall not be permitted to engage in the private practice of law."

Section 2. This Act shall become effective on April 1, 1980.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved March 21, 1980.

ECHOLS COUNTY - COMPENSATION OF CLERK OF SUPERIOR COURT.
No. 1053 (House Bill No. 1767).
AN ACT
To amend an Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, approved March 23, 1977 (Ga. Laws 1977, p. 3510), so as to change the supplement which shall be paid; to change the supplement which may be paid; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for a supplement to the compensation of the Clerk of the Superior Court of Echols County, approved March 23, 1977 (Ga. Laws 1977, p. 3510), is hereby amended by striking Section 1 of said Act, which reads as follows:
"Section 1. In addition to any compensation otherwise provided by law for the Clerk of the Superior Court of Echols County, the

GEORGIA LAWS 1980 SESSION

3725

compensation of the Clerk of the Superior Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $900.00 per annum. The governing authority of Echols County, within its discretion, may increase the amount of said supplement to a total amount of not more than $1,800.00 per annum. The supplement provided for in this section shall be paid in equal monthly installments from the funds of Echols County.",
and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. In addition to any compensation otherwise provided by law for the Clerk of the Superior Court of Echols County, the compensation of the Clerk of the Superior Court of Echols County shall be supplemented by the governing authority of Echols County in the amount of $6,000.00 per annum which supplement shall be paid in equal monthly installments from the funds of Echols County. In addition, the governing authority of Echols County, in its discretion, may increase the amount of this supplement to a total amount of not more than $10,000.00."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Echols County, Georgia; to provide for other matters relative to the foregoing, and for other purposes.
This 9th day of January, 1980.
Henry L. Reaves Representative, 147th District

3726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
William P. Langdale, Jr. Langdale, Vallotton and Hickman Attorneys at Law
State of Georgia.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is the Representative from Echols County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times, which is the official organ of said County, on the following dates: January 11, 1980, January 18, 1980, January 25, 1980.
Is/ Henry L. Reaves Representative, 147th District
Sworn to and subscribed before me, this 13th day of February, 1980.
Is/' Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 21, 1980.

GEORGIA LAWS 1980 SESSION

3727

ECHOLS COUNTY - BOARD OF COMMISSIONERS.
No. 1054 (House Bill No. 1768).
AN ACT
To amend an Act establishing a Board of Commissioners of Echols County, approved February 3, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. Laws 1957, p. 2156), so as to reconstitute said board of commissioners; to change the term of office of said commissioners; to provide for the manner of election of said commissioners; to continue the present commissioners until their term of office ends; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a Board of Commissioners of Echols County, approved February 3, 1953 (Ga. Laws 1953, Jan.Feb. Sess., p. 2054), as amended, particularly by an Act approved February 15, 1957 (Ga. Laws 1957, p. 2156), is hereby amended by striking in its entirety Section 2, which reads as follows:
"Section 2. From and after the passage of this Act and its approval by the Governor there shall be established in the County of Echols, State of Georgia, a board of commissioners of roads and revenues to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Said commissioners shall hold office for terms of two years from January 1, 1953, and until their respective successors have been elected and qualified. Thereafter the election of said commissioners shall be at the regular time of holding elections for members of the legislature. The terms of office of said commissioners shall be for two years and until their respective successors have been elected and qualified. They shall be nominated and elected by the voters of the entire county, and the three persons receiving the highest number of votes shall be declared elected.",
and inserting in its place a new section to read as follows:

3728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2. There shall be a Board of Commissioners of Echols County to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Said commissioners shall hold office for terms of four years from January 1, 1981, and until their respective successors have been elected and qualified. Said commissioners shall be elected at the November general election in 1980, and at the November general election every four years thereafter. There shall be three posts on said board designated as `Post 1,' `Post 2,' and `Post 3.' Each candidate for office on said board of commissioners shall be required to designate by number the post to which he seeks to be elected. Elections of members shall be held in accordance with the `Georgia Election Code.'"
Section 2. The members of the board of commissioners in office on the effective date of this Act shall continue to serve out the remainder of the term of office for which they were elected and until their successors are elected and qualified.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to provide for the terms of the members of the Board of Commissioners of Echols County, Georgia, and to provide for the election to a post on the Board of Commissioners of Echols County, Georgia; to change the compensation for the members of the Board of Commissioners of Echols County. Georgia: to provide for the election of the chairman of the Board of Commissioners of Echols County, Georgia; to repeal conflicting laws; to provide for other matters relative to the foregoing, and for other purposes.

GEORGIA LAWS 1980 SESSION

3729

This 9th day of January, 1980.

Henry L. Reaves Representative, 147th District William P. Langdale, Jr. Langdale, Vallotton and Hickman Attorneys at Law

State of Georgia.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is the Representative from Echols Countv, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Valdosta Dailv Times, which is the official organ of said County, on the following dates: January 11, 1980, January 18, 1980, January 25, 1980.

Isl Henrv L. Reaves Representative, 147th District

3730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1980.
/s/j Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 21, 1980.
CITY OF ALPHARETTA - ELECTIONS, ETC. No. 1055 (House Bill No. 1834). AN ACT
To amend an Act establishing a new Charter for the City of Alpharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, page 2127), as amended and all amendatory acts that refer to the time elections shall be held in said City, how vacancies are to be filled, when and how special elections shall be held and the method by which candidates are elected.
Be it enacted by the General Assembly of Georgia: Section 1. That Section 5 of the Act approved March 3, 1961 (Ga. Laws 1961, page 2127) and all acts amendatory thereof, be and the same is hereby amended as follows: Section 2. By striking said Section 5 and substituting in lieu thereof a new section known as Paragraph 5 to read as follows:

GEORGIA LAWS 1980 SESSION

3731

There shall be a Municipal General Election biennially on the third Tuesday of October. There shall be elected the mayor and three council members at one election and every other election thereafter. The first election to be held on the third Tuesday in October, 1980. The remaining city council seats and the office of recorder shall be filled at the election alternating with the first group, so as a continuing body is created.
Be it enacted by the General Assembly of Georgia:
Section 3. That there be a new section added to said above referred to act, to be known as 5A, creating a new Charter for the City of Alpharetta as amended by adding the following:
Section 4. In the event that the office of mayor, councilmember or judge shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election within 90 days to fill the balance of the unexpired term of such office; the mayor and city council shall set their own rules governing said election; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term for councilmember or judge. If the office of mayor shall become vacant within 12 months of the expiration of the term of that office, the mayor pro tern shall serve the remainder of the term and his position as councilmember shall be filled by appointment by the city council. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. L. 1968, p. 885); as now or hereafter amended.
Section 5. That there be a new section added to said above referred to act, to be known as 5B, creating a new Charter for the City of Alpharetta as amended by adding the following:
Section 6. All councilmember positions shall be designated by Post Numbers 1 through 6. All candidates for election to councilmember positions shall designate at the time of qualifying the positions to which they are seeking election. All positions are city at large positions. Councilmember position now held by Charles Rainwater is hereby designated as Post 1, councilmember position now held by Joseph Bostardi is hereby designated as Post 2, council-

3732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member position now held by Aubrey Cagle is hereby designated as Post 3, councilmember position now held by C. F. Hill is hereby designated as Post 4, councilmember position now held by Billy Hunter is hereby designated as Post 5, councilmember position now held by William C. David, Jr. is hereby designated as Post 6. Candidates for councilmember positions numbers 1, 2, and 3 shall be elected in the 1980 election. The mayor and candidates for councilmember positions numbers 4, 5, and 6 shall be elected in the 1982 election.
Be it enacted by the General Assembly of Georgia:
Section 7. The candidates for mayor and councilmember position receiving a plurality of the votes cast for any city office shall be elected.
Section 8. That all laws and parts of laws in conflict with Section 5, 5A and 5B be and the same are hereby repealed.
Section 9. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of the act, and it is hereby declared by authority aforesaid that all of the requirements of law relative to such notice have been complied with for the enactment of this act.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the next January, 1980 session of General Assembly of Georgia, a bill to amend the act creating a new Charter for the City of Alpharetta, Georgia as approved March 3, 1961 and acts amendatory thereof by providing for the time of elections in said city, how vacancies are filled, when and how special elections shall be held and the method by which candidates are elected and for other purposes.

GEORGIA LAWS 1980 SESSION

3733

This 28th day of January, 1980.
Jimmy Phillips Mayor. City of Alpharetta D. William Garret, Jr. Citv Attorney City of Alpharetta

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Luther Colbert who, on oath, deposes and says that he/she is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 29, February 5, 12, 1980.

Isi Luther Colbert Representative. 23rd District

3734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 21, 1980.
PUBLIC ZOOS IN CERTAIN MUNICIPALITIES (MORE THAN 300,000).
No. 104 (Senate Resolution No. 269). A RESOLUTION
To authorize municipal corporations of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census to enter into certain valid and binding leases and contracts to provide for the operation and maintenance of public zoos on municipal property; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3735

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census is hereby authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 50 years to provide for the operation and maintenance of public zoos on municipal property.
Section 2. This resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this resolution are hereby repealed.
Approved March 24, 1980.

STATE COURT OF FULTON COUNTY - MAGISTRATES.
No. 1104 (Senate Bill No. 525).
AN ACT
To amend an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023) creating the State Court of Fulton County so as to create for said State Court the office of Magistrate; to provide for the powers and jurisdiction of said magistrate; to provide for additional powers and jurisdiction of said magistrate, including the authority to issue arrest warrants, search warrants, to conduct courts of inquiry, and the authority to set bail; to provide the said magistrate shall have the right to try certain traffic offenses; to provide for the number of magistrates; to provide for qualifications of magistrates; to provide

3736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for compensation of magistrates; to provide for limitation on employment of magistrates; to provide for an oath of office; to provide for a term of office and method of selection of magistrates; to provide for rules and forms to be used by the magistrates; to provide that the magistrate shall have authority to punish for contempt; to provide that the offices and places of conducting trial of the magistrates shall be determined by the Chief Judge of the State Court of Fulton County; to provide that a judge of the State Court of Fulton County may substitute for the magistrate; to provide for the duties of the Clerk of the State Court of Fulton County in connection with magistrates; to provide a severability clause; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Office of Magistrate created. Pursuant to Article VI, Section I, Paragraph I of the Constitution of the State of Georgia, an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023), creating the State Court of Fulton County, is hereby amended to hereby create and establish for the State Court of Fulton County the office of magistrate.
Section 2. Magistrate; powers and jurisdiction. Said magistrate shall have county-wide jurisdiction to hear and determine cases involving the following:
(a) Violations of all county ordinances and regulations;
(b) Violations of all state and county traffic laws and regulations;
(c) Civil cases referred by the Chief Judge of the State Court of Fulton County; and
(d) Violations of all State Game and Fish laws and regulations.
Section 3. Magistrate; additional powers and jurisdiction; ExOfficio Justice of the Peace; warrants; commitments; bail. Said magistrate shall be to all intents and purposes a justice of the peace so far as to enable him:

GEORGIA LAWS 1980 SESSION

3737

(a) To issue arrest warrants for the apprehension of any person who is charged on oath with a violation of any penal law including traffic law violation of the State of Georgia or for the violation of any Fulton County ordinance. Said warrants shall be directed to "any Sheriff, Deputy Sheriff, Coroner, Constable, or Marshal of the State of Georgia," and any one of said officers shall have authority to execute said warrants.
(b) To issue search warrants pursuant to Ga. Code Ann. Chpt. 27-3 for the search of any person or premises within the county for evidence of a violation of any penal law of the State of Georgia or of a violation of any Fulton County ordinance which a law enforcement officer under oath presents probable cause for the issuance thereof. Said warrants shall be directed to "all peace officers of the State of Georgia," and any one of said officers shall have authority to execute said warrants.
(c) Said magistrate as an Ex-Officio Justice of the Peace shall have the power and authority to conduct a Court of Inquiry pursuant to Ga. Code Ann. Chpt. 27-4 and to examine any person arrested on warrants issued by him or any other justice of the peace or other authority and to bind over to appropriate Fulton County courts misdemeanor and felony offenders against the laws of the State of Georgia and to commit to the jail of Fulton County said misdemeanor and felony offenders and in bailable cases, other than for the offenses of murder, armed robbery, kidnapping, rape, aircraft hijacking, treason, perjury, or any violation involving controlled substances, to set bail for their appearance at the next and succeeding terms of a court of competent jurisdiction to be held in Fulton County.
(d) Said magistrate may issue such warrants and commit and set bail for such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Fulton County.
Section 4. Magistrate; trial of traffic law violators; exception as to jury trial; penalty for failure of person cited to appear.
(a) Said magistrate shall conduct a trial of traffic offenders according to the rules of evidence and rules of practice and procedure in the same manner as in the State Court of Fulton County 117--2

3738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

except that trial may be had upon the citation form developed by the Department of Public Safety pursuant to authority of Georgia Code Ann. 92A-2701; trial upon accusation shall not be required.

(b) Said magistrate, prior to the trial of any traffic law violation, shall advise the accused of his right to a jury trial and upon being informed of the accused's desires to have a jury trial shall transfer the case to the Criminal Division of the State Court of Fulton County. Said magistrate shall obtain a written waiver of jury trial prior to the trial of the case.

(c) A willful failure of any person accused of violating a traffic regulation to appear as directed by the citation given him by the arresting officer shall constitute an offense which may be punished by a fine not to exceed $100.00 or confinement in the Fulton County jail for a period not to exceed three days, or both fine and confinement.

Section 5. Magistrate; number. The number of magistrates appointed shall be three.

Section 6. Magistrate; qualifications. The magistrate shall be at least 25 years of age, a citizen and resident of Fulton County,
admitted to practice law in the State of Georgia for three years, and of good moral character.

Section 7. Magistrate;"compensation. The Board of Commissioners shall fix the compensation of said magistrates, but the same shall be not less than $25,000.00 per annum, paid in equal monthly installments.

Section 8. Magistrate; limitation on other employment. Said
magistrate shall be ineligible to hold any other public office or to engage in the practice of law in any court of this State or of the United States during his term of office.

Section 9. Magistrate; oath of office. The magistrate shall, prior to entry upon the duties of the office, take the following oath:

"I,

swear that 1 will administer justice without respect of

persons, and do equal rights to the poor and the rich, and that I will

faithfully and impartially discharge and perform all the duties

GEORGIA LAWS 1980 SESSION

3739

incumbent upon me as a magistrate of Fulton County according to the best of my ability and understanding and agreeably to the laws and Constitution of this State and the Constitution of the United States. I do further solemnly swear and affirm that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office of trust under the government of the United States (except postmaster), nor of either of the several states, nor of any foreign state, and that I am otherwise qualified to hold said office, according to the Constitution of the United States and laws of Georgia, and that I will support the Constitutions of the United States and of this State. SO HELP ME GOD!
Section 10. Magistrate; term of office; method of selection. Each magistrate shall be selected and appointed by a majority vote of Judges of the State Court of Fulton County. The initial appointments of all magistrates under the terms of this law shall be effective July 1, 1980, with one person appointed to a four-year term, one person appointed to a three-year term, one person appointed to a two-year term, etc., the intent being that the terms of office of the magistrates be for staggered terms. As each initial term of office expires, appointment thereafter shall be for a term of four years. In the event of a vacancy in office from whatever cause, the appointment of a successor shall be for the balance of the term only.
Section 11. Rules of State Court. A majority of the Judges of the State Court of Fulton County shall make such rules and regulations for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act to which the Office of Magistrate will be subject and said judges shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 12. Contempt. The magistrate shall have the power to punish for contempt by fine not exceeding $ 100.00 or imprisonment in the Fulton County jail for ten days, or both, or any part thereof.
Section 13. Multiple magistrates. Whenever the term "magistrate" appears in this Act, it shall be deemed to mean all magistrates of said Office of Magistrate.
Section 14. Office of Magistrate; location; time. Said magistrates shall maintain offices and conduct trials and hearings at such

3740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
times and such locations as designated by the Chief Judge of the State Court of Fulton County.
Section 15. Magistrate; disability; disqualification. Whenever a magistrate shall be unable, from absence, sickness, disability, disqualification, or other case, to discharge any duty whatsoever appertaining to his office, any judge of the State Court of Fulton County may be designated by the Chief Judge of the State Court of Fulton County to substitute in all respects in the place and stead, and in the matter or matters aforesaid of the magistrate unable to act.
Section 16. Clerk. The Clerk of the State Court of Fulton County shall keep all records required to be kept by said magistrate, to collect all costs, fines and forfeitures, and to remit same to the Director of Finance of Fulton County or such other persons as may be designated by the governing authority of Fulton County for deposit in the county depository as general funds of Fulton County, Georgia. All fines and forfeitures collected shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State.
Section 17. Each magistrate shall be provided with a Secretary and, as required, a Fulton County Police Officer shall serve as bailiff of the Court.
Section 18. For the purposes of retirement benefits, insurance coverage, vacation leave and other employee rights and obligations, the magistrate shall be considered a general county employee.
Section 19. Severability clause. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid.
Section 20. Effective date. This Act shall become effective July 1, 1980.
Section 21. Conflicting laws repealed. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3741

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act approved 2-24-76 creating the State Court of Fulton County (Ga. L. 1976, p. 3023), as amended; and for other purposes.

This 10th day of January, 1980.

John Tye Ferguson Associate County Attorney, Fulton County

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Todd Evans who, on oath, deposes and says that he/she is Senator from the 37th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18, 25, 1980.

3742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
RABUN COUNTY S SMALL CLAIMS COURT CREATED.
No. 1107 (Senate Bill No. 537).
AN ACT
To create and establish a Small Claims Court in and for Rabun County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the

GEORGIA LAWS 1980 SESSION

3743

proceedings therein; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created and established a Small Claims Court in and for Rabun County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia.
(b) If a case filed in the small claims court is not within the jurisdiction of the small claims court but is within the jurisdiction of the State Court of Rabun County or the Superior Court of Rabun County, the judge of the small claims court may transfer such case to the state court or superior court. The clerk of the state court or superior court may require such filing fee or advance against costs as is required for new actions filed in such court. The judge of the small claims court may refund to the plaintiff any unexpended funds deposited with the small claims court by plaintiff.
Section 2. (a) Any person elected or appointed as a judge of the small claims court created by this Act must be a resident of Rabun County, must be at least 25 years of age, and shall be a member of the State of Georgia Bar Association and licensed to practice law in said state.
(b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least 21 years of age and must be residents of the county.
Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Rabun County or any judge of a state court located in said county, on application of said judge of the small claims court who is

3744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
unable to act, may perform such duties, and hear and determine all such matters as may be submitted to him, and may be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service may be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose.
(c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from moneys collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked

GEORGIA LAWS 1980 SESSION

3745

"refused," giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.
(d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(g) Said notice shall include the date, hour, and location of the hearing, which date shall be not less than ten nor more than 45 days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be taxed against the party not prevailing.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied

3746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such

GEORGIA LAWS 1980 SESSION

3747

periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The judge of the Superior Court of Rabun County may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of said small claims court shall have the power to appoint one or more bailiffs of and for said small claims court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "small claims court bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said small claims court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 15. (a) A judgment of said small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.

3748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias, and to charge and collect for issuance of each such writ a fee of $2.00 in addition to the deposit of costs required by Section 8. It shall be the duty of the clerk of the superior court when any such writ is filed with him to enter same on the general execution docket.
Section 16. Review of judgments returned in the small claims court may be had by writ of certiorari to the superior court.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:
"Small Claims Court of Rabun County Georgia
Plaintiff
Address
Defendant
Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of

GEORGIA LAWS 1980 SESSION

3749

, being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing hy defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

, 19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)
TO:

Notice. Defendant

Home Address or

Business Address

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

$

, as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

M. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.

3750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
If you wish to have witnesses summoned, see the court at once for assistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.
Judge-Clerk of the Small Claims Court
of Rabun County
(Seal)."
Section 18. The Judge of the Small Claims Court of Rabun County shall be elected by the electors of Rabun County for a term of office of four years and until his successor is duly elected and qualified. The initial judge shall be appointed by the judge of superior courts of the Mountain Judicial Circuit within 30 days of the effective date of this Act. Such initial judge shall hold office until January 1, 1983. His successor shall be elected for a four-year term at the general election in 1982. Thereafter, successors to the office of judge of the Small Claims Court of Rabun County shall be elected in the general election to be held immediately preceding the expiration of a term of office and the person so elected shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the judge of the Superior Court of Rabun County from a list of the members of the State Bar of Georgia, and such successor shall serve for the remainder of the unexpired term.
Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, may be furnished by the Board of County Commissioners. They may also provide a suitable room in the courthouse for the holding of said court. In the event that the Board of County

GEORGIA LAWS 1980 SESSION

3751

Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 8.
Section 20. Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508; but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. It shall be the duty of the judge of the small claims court to hold a session of court on the first Saturday of each month, or the second Saturday if the first Saturday falls on a legal holiday, and to hold evening sessions of such court as necessary to permit the attendance of persons who are unable to attend court during the normal working day.
Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a small claims court bailiff, or by the judge of the small claims court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
Section 22. The judge of said court shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than 24 hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.50, plus a reasonable amount for drayage, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00.

3752 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 25. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to establish a Small Claims Court of Rabun County, Georgia, and for other purposes.
Georgia, Rabun County.
Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James H. Wallace who on oath deposes and says that he is the publisher of "The Clayton Tribune", a newspaper published in Clayton, Georgia, of general circulation, and that the attached advertisement has been published in "The Clayton Tribune" once a week for 3 weeks in the regular issues of January 10, January 17, January 24, 1980.
Isl James H. Wallace

GEORGIA LAWS 1980 SESSION

3753

Sworn to and subscribed before me, this 29th day of January, 1980.
Isl Janice Lovell Notary Public, Georgia State at Large. My Commission Expires July 18, 1981. (Seal).
Approved March 25, 1980.

JASPER COUNTY JUDGE OF PROBATE COURT PLACED ON SALARY BASIS.
No. 1109 (Senate Bill No. 559).
AN ACT
To abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary; to provide for additional compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the probate court of Jasper County, known as the fee system, is hereby

3754 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The judge of the probate court of Jasper County shall receive an annual salary of $15,000.00, payable in equal monthly installments from county funds; and such amount ($15,000.00) shall be increased in the amount of $500.00 for each year of office served by the judge of the probate court figured at the end of each such period of service; provided, the total salary of the judge of probate court shall not exceed $17,000.00. Such longevity increases in salary shall be retroactive and shall apply to the years served in such office by the incumbent on the effective date of this Act.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. (a) The judge of the probate court shall have the authority to appoint one part-time clerk who shall receive an initial annual salary of not more than $3,600.00, with cost-of-living increases approved yearly by the governing authority of Jasper County. The governing authority of Jasper County shall determine the exact amount of salary received by the part-time clerk, which salary shall be payable in equal monthly installments from county funds.
(b) The judge of the probate court, with the approval of the governing authority of Jasper County, shall have the authority to appoint such additional part-time clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time,

GEORGIA LAWS 1980 SESSION

3755

recommend to the governing authority of said county the number of such additional personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by each such employee in said office. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as such clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Jasper County.
Section 6. This Act shall become effective on July 1, 1980.
Section 7. All laws and parts of laws; in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Local Legislation.
Georgia, Jasper County
Notice is hereby given that at the 1980 Georgia Legislative Session there will be introduced an act to abolish the present mode of compensating the judge of the probate court of Jasper County, known as the fee system; to provide in lieu thereof an annual salary;

3756 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
to provide for the employment of necessary personnel and to provide for other necessary purposes.
Culver Kidd Senator, 25th District
Georgia, Jasper County.
Personally appeared before me, the undersigned officer, duly authorized to administer oaths in said State and County, William T. Hughes, Jr., who, having been duly sworn, deposes and says on oath that he is an authorized representative of The Monticello News, that, as such, he is authorized to make this affidavit, and that the attached notice was published in The Monticello News, a local newspaper of general circulation in Monticello, Jasper, Georgia, on the following dates, January 10, 17, 24.
This 4 day of February 1980.
W. T. Hughes, Jr.
Sworn to and subscribed before me, this 4th day of February, 1980.
Isi Mrs. W. T. Hughes, Jr. Notary Public, Georgia State at Large. My Commission Expires Sept. 22, 1980. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3757

OCONEE COUNTY -- BOARD OF COUNTY COMMISSIONERS.
No. 1111 (Senate Bill No. 572).
AN ACT
To amend an Act creating the board of commissioners of Oconee County, approved April 18, 1917 (Ga. Laws 1917, p. 384), as amended by an Act approved August 19, 1919 (Ga. Laws 1919, p. 710), an Act approved August 15, 1929 (Ga. Laws 1929, p. 682), an Act approved February 15, 1933 (Ga. Laws 1933, p. 642), an Act approved February 5, 1952 (Ga. Laws 1952, p. 2036), an Act approved February 19, 1958 (Ga. Laws 1958, p. 2213), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2142), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3224), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3105), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3568), so as to reconstitute the board; to provide for members, terms, posts, elections, and officers; to define the office, salary, duties, and powers of the county manager; to provide for meetings, statements, vacancies, commissions, oaths, jurisdiction, records, and compensation of the board; to continue present members to the end of their term; to repeal specific laws; to provide a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Oconee County, approved April 18, 1917 (Ga. Laws 1917, p. 384), as amended by an Act approved August 19, 1919 (Ga. Laws 1919, p. 710), an Act approved August 15, 1929 (Ga. Laws 1929, p. 682), an Act approved February 15, 1933 (Ga. Laws 1933, p. 642), an Act approved February 5, 1952 (Ga. Laws 1952, p. 2036), an Act approved February 19, 1958 (Ga. Laws 1958, p. 2213), an Act approved February 28, 1969 (Ga. Laws 1969, p. 2142), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3224), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3105), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3568),. is hereby amended by striking in its entirety Section 1 and inserting in its place a new section to read as follows:

3758 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 1. Board of commissioners of Oconee County, (a) There shall be a board of commissioners of Oconee County to consist of five members who shall be adult citizens of Oconee County.
(b) Each candidate for said board shall designate one of five posts, known as `Post 1,' `Post 2,' `Post 3,' `Post 4,' and `Post 5,' to which he is seeking election. Election to each post shall be by a majority of the votes cast in the county at large.
: (c) Each member shall serve for a term of four years from January 1 after his election and until his successor is elected and qualified. Members shall be elected to Posts 1, 2, and 3 at the November general election in 1980 and every four years thereafter. Members shall be elected to Posts 4 and 5 at the November general election in 1982 and every four years thereafter.
(d) (1) Notwithstanding subsection (c), members shall be elected to Posts 4 and 5 at the November general election in 1980; and said members shall serve for a term of two years from January 1 after their election and until their successors are elected and qualified.
(2) This subsection (d) shall stand repealed in its entirety, effective January 1, 1982."
Section 2. Said Act is further amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Officers, (a) At their first meeting in 1981 and every two years thereafter the members shall elect a chairman to serve for a period of two years and until his successor is elected and qualified. The duties of said chairman shall be to preside over meetings of the board, to represent the board at official meetings and functions, to serve as spokesman for the board, and to exercise general supervisory powers over county government personnel.
(b) There shall be a vice-chairman elected by the members at the same time as and for the same term as the chairman. The vicechairman shall perform the duties of the chairman in the absence of the chairman.

GEORGIA LAWS 1980 SESSION

3759

(c) For just cause shown, either the chairman or the vice-chairman may be removed from his office as chairman or vice-chairman by majority vote of the board after notice and hearing."
Section 3. Said Act is further amended by striking in its entirety Section 3 and inserting in its place a new section to read as follows:
"Section 3. County administrator, (a) There is hereby created the office of county administrator of Oconee County.
(b) The county administrator shall be appointed by majority vote of the board of commissioners of Oconee County. No member of the board of commissioners of Oconee County shall be appointed county administrator or acting county administrator during the term of office for which he was elected or for a period of one year thereafter.
(c) The county administrator shall be chosen by the board of commissioners of Oconee County solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth.
(d) The county administrator shall be appointed in January of each year for a term of one year. The county administrator shall be subject to suspension or removal from office at any time for just cause. In case of suspension or removal, the county administrator shall be given a written statement of the reasons for such action. He may within five days from receipt thereof request a public hearing thereon before the board of commissioners of Oconee County, which request shall be filed with the board. Upon receipt of such request, a hearing shall be set not earlier than ten days nor later than 15 days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county administrator may be suspended from office and all of the duties hereof performed by some other person designated by the board of commissioners to perform such duties. The action of the board of commissioners in suspending or removing the county administrator shall be by majority vote and shall be final.
(e) The county administrator shall be paid an annual salary to be fixed by the board of commissioners of Oconee County, and there shall be no reduction thereof during his term of office.

3760 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The county administrator shall be the chief administrative officer of the County of Oconee and head of the administrative branch of the county government. He shall be responsible to the board of commissioners of Oconee County for the proper administration of all affairs of Oconee County, except as otherwise provided by law, and it shall be his duty:
(1) To appoint and, when in his discretion the welfare of the county requires it, suspend, discharge, transfer, or remove all employees for whom the said board is responsible, except the county attorney, who shall be appointed directly by the said board; but he may delegate to any department head such powers with respect to subordinates within that department;
(2) To see that all ordinances, resolutions, rules, and regulations of said board and all laws of the state subject to enforcement by him or by officers or department heads subject to his direction and supervision are faithfully executed;
(3) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created and to direct and supervise the administration of all county offices and specifically the construction, maintenance, and operation of all county roads, bridges, drains, buildings, and other public works and the care and maintenance of all real and personal property owned by Oconee County;
(4) To attend all meetings of the board with the right to take part in the discussions but having no vote. The. county administrator shall be entitled to notice of all special meetings;
(5) To prepare and submit to the board the annual budget and capital program and to execute the budget and capital program adopted by the board, approving all disbursements and expenditures as budgeted or authorized by the board;
(6) To examine regularly at periods fixed by the said board the accounts, records, and operations of every county board, commission, department, office, and agency which received appropriations from the said board; to make regularly monthly reports to the said board on county fiscal and other affairs; to keep the said board fully advised on the financial conditions and

GEORGIA LAWS 1980 SESSION

3761

future need of the county; and to make such recommendations on county affairs as he deems necessary for the efficient operation of the county;
(7) To submit to the said board at the end of each fiscal year a complete report on the finances and administrative activities of the county for the preceding year;
(8) To confer and advise with all other elected or appointed officials of Oconee County who are not under the immediate control of the said board but who receive financial support from said board;
(9) To fix the salaries of all officers and employees of the county, whom he has the right to appoint, subject, however, to supervision, control, or disapproval by the board;
(10) To devote his entire time to the affairs of his office; and
(11) To perform such other duties as may be required of him by the said board.
(g) The county administrator shall be the chief purchasing agent for the county, by whom all purchases and supplies and all contracts therefor shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the board of commissioners may adopt; provided, that no contract, purchase, or obligation involving over $2,500.00 shall be valid and binding until after approval of the board of commissioners of Oconee County.
(h) The county. administrator shall be clerk of the board of commissioners of Oconee County.
(i) The board of commissioners may designate some qualified person to act as acting county administrator in the absence of the county administrator. While so engaged, the acting county administrator shall have all of the rights, duties, and authority of the county administrator.

3762 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(j) The county administrator and any acting county administrator shall be required to execute and deliver a good and sufficient bond payable to the board of commissioners of Oconee County and the premium therefor to be paid by Oconee County."
Section 4. Said Act is further amended by reenacting Section 4 to read as follows:
"Section 4. Meetings; statements. Said board, when chosen and organized as herein provided for, shall hold regular meetings on the first Tuesday in each month thereafter and a majority of same shall be a quorum. They shall publish monthly records of their expenditures and disbursements and of the county's general status and their report shall not be in ledger balances, but plain statements of what moneys received and from what source and how expended, and expressed so that any man of average experience can understand what they mean and what has been done with the county's money, and the board at the same time shall publish a full statement of how much money the county owes, and to whom."
Section 5. Said Act is further amended by striking in its entirety Section 5 and inserting in its place a new section to read as follows:
"Section 5. Vacancies. Vacancies on said board shall be filled by the Grand Jury of Oconee County at its next session after the vacancy; but the senior superior court judge may fill any vacancy until the next session of the grand jury."
Section 6. Said Act is further amended by reenacting Section 6 to read as follows:
"Section 6. Oath. Said members, when elected, shall be commissioned by the Governor of the State of Georgia and shall before entering upon the discharge of the duties of said office take and subscribe the following oath of office before the judge of the Probate Court of Oconee County, Georgia, which oath shall be recorded on the minutes of the probate court (which oaths shall be in addition to the oath provided by law for all civil officers of this state), to wit:
`I do solemnly swear that I will well and truly discharge the duties of commissioner of roads and revenues of Oconee County, and in all matters which require my official action, to the best of

GEORGIA LAWS 1980 SESSION

3763

my knowledge and skill; I will so act as in my judgment will be most conducive to the welfare and best interests of the entire county, so help me God.' "
Section 7. Said Act is further amended by reenacting Section 7 to read as follows:
"Section 7. Jurisdiction. Said board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special, in establishing and changing militia districts and election precincts; in examining and auditing and settling accounts of all officers having the care, management, correction, keeping, and distribution of moneys belonging to the county or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county; in establishing, altering, and abolishing roads, bridges, and ferries; in carrying out any and all of its details and enforcement of the road law; and are vested with the jurisdiction that the old inferior courts had, which have riot been vested in the probate courts, when sitting for county purposes."
Section 8. Said Act is further amended by reenacting Section 8 to read as follows:
"Section 8. Record. Said board shall keep, or cause to be kept, a permanent record of all its acts."
Section 9. Said Act is further amended by striking in their entirety Sections 9, 10, 11, 12, and that Section 13 added by the amendatory Act approved August i9, 1919 (Ga. Laws 1919, p. 710) and inserting new sections to read as follows:
"Section 9. Salaries. The salary of the chairman shall be $6,000.00 per year, paid in equal monthly installments. The salary of each other member shall be $1,800.00 per year, paid in equal monthly installments.
Section 10. Reserved.
Section 11. Reserved.

3764 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 12. Reserved.
Section 13. Reserved."
Section 10. The members of the board of commissioners in office on the effective date of this section shall continue to serve and perform their duties until January 1, 1981.
Section 11. The amendatory Act approved April 17, 1975 (Ga. Laws 1975, p. 3105) is hereby repealed in its entirety.
Section 12. Not less than one nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Oconee County to issue the call for an election for the purpose of submitting this Act to the electors of Oconee County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call; and if possible such date shall be on the date of the 1980 presidential preference primary. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Oconee County. The ballot shall have written or printed thereon the words:
"[ J YES Shall the Act reconstituting the board of commissioners of Oconee County and creating
[ ] NO and defining the office of Oconee County administrator be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Oconee County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

GEORGIA LAWS 1980 SESSION

3765

Section 13. Sections 1, 10, and 12 of this Act shall become effective upon approval by the Governor or upon their becoming law without his approval. The remaining sections of this Act shall become effective January 1, 1981.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the terms of office and compensation of the Commissioners; to change the method of election, term, duties and compensation of the Chairman; to provide for the establishment of the office of County Administrator of Oconee County; to provide for a referendum on the same and to provide for other matters relative to the foregoing; and for other purposes.
This 15th day of January, 1980.
Oconee County Board of Commissioners Roy E. Berry, Chairman
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul C. Broun who, on oath, deposes and says that he/she is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the

3766 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official organ of Oconee County, on the following dates: January 17, 24,31, 1980.
/s/ Paul C. Broun Senator, . 46th District
Sworn to and subscribed before me, this 5th day of February, 1980.
IsI : Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1980. (Seal).
Approved March 25, 1980.
GLYNN COUNTY -- COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT. No. 1113 (Senate Bill No. 594). AN ACT To amend an Act abolishing the fee system mode of compensat-
ing the clerk of the superior court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended, so as to change the yearly cost-of-living increase; to change the compensation of the deputies of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3767

Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing the fee system mode of compensating the clerk of the superior court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended, is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof the following:
"Section 2. The clerk of the superior court shall receive an annual base salary of $20,000.00, payable in equal monthly installments from the funds of Glynn County. In addition to the salary herein provided, the clerk of the superior court shall receive additional compensation in an amount equal to three percent of such base salary for each year of service completed between January 1, 1975, and June 30, 1980, and an amount equal to five percent of such base salary for each year of service completed after July 1, 1980."
Section 2. Said Act is further amended by striking Section 3 of said Act in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The judge of the probate court shall receive an annual base salary of $19,000.00, payable in equal monthly installments from the funds of Glynn County. In addition to the salary herein provided, the judge of the probate court shall receive additional compensation in an amount equal to three percent of such base salary for each year of service completed between January 1, 1975, and June 30, 1980, and an amount equal to five percent of such base salary for each year of service completed after July 1, 1980."
Section 3. Said Act is further amended by striking from subsection (b) of Section 5 thereof the following:
"$18,000l5,i,lJ
and inserting in lieu thereof the following:
"$24,000.00",

3768 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended said subsection (b) shall read as follows:
"(b) The judge of the probate court shall be authorized to employ one or more deputies. The judge of the probate court shall fix the salaries of such deputies but the total of such salaries shall not exceed $24,000.00 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn County."
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the, General Assembly of Georgia, a bill to amend an Act abolishing the fee system mode of compensating the clerk of the Superior Court and the judge of the Probate Court of Glynn County and placing said officers on an annual salary, approved March 27, 1972 (Ga. Laws 1972, p. 3199), as amended; and for other purposes.
This 17th day of January, 1980.
Bill Littlefield Senator, 6th District James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District

GEORGIA LAWS 1980 SESSION

3769

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 19, 26, 1980, February 2, 1980.

/s/JS Bill Littlefield Senator, 6th District

Sworn to and subscribed before me, this 8th day of February, 1980.

Is/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980.
! (Seal).

Approved March 25, 1980.

CITY OF HAPEVILLE g NEW CHARTER. No. 1115 (Senate Bill No. 610).
AN ACT
To provide a new charter for the City of Hapeville, Georgia; to provide for the incorporation and powers of such city; to provide for 118-2

3770 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the governing authority; to provide for the mayor and city council; to provide for administration; to provide for the recorder's court of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
ARTICLE I Incorporation, Powers, Boundaries
Section 1-101. Incorporation; name. The City of Hapeville, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Hapeville (hereinafter at times referred to as the "city"). The city shall be the legal continuation and successor to the city as heretofore incorporated; shall continue to be vested with all of the property and rights of property which now belong to the city; and shall have perpetual succession.
Section 1-102. General powers, (a) The city shall have all the powers, duties, rights, privileges, and immunities vested in the city now or hereafter granted to municipal corporations by the Constitution, by the General Laws of the State of Georgia, and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the General Laws of the State of Georgia, or by this charter, including all powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, and general welfare of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were enumerated in this charter.
(b) The city may sue and be sued; may contract and be contracted with; may acquire and hold any property, real and personal as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may

GEORGIA LAWS 1980 SESSION

3771

hold or invest, sell or dispose of any of its property; and may have a common seal and alter it at will.
(c) No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1-103. Specific powers; certain powers enumerated, (a) The city may acquire, construct, operate and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, streets, sidewalks, parks, public grounds, cemeteries, public buildings, libraries, sanitary landfill, sewers, drains, sewage treatment or waterworks systems, electrical or gas systems, airports, hospitals, and charitable, educational, flood control, recreational, sport, curative, corrective, detentional, penal and medical institutions, areas and facilities, and any other public improvement. The city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired inside or outside the corporate limits of the city.
(b) In addition to the powers now or hereafter granted to municipalities by law, the city shall have all powers enumerated in Appendix A of this charter which is hereby incorporated herein by reference.
Section 1-104. Construction of powers. The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
Section 1-105. Boundaries; official map. (a) The corporate boundaries of the city shall be the same as those of the City of Hapeville as provided by law and existing on the effective date of this charter, or as hereafter lawfully changed. The city clerk shall maintain a current map and written legal description indicating the boundaries of the city. Photographic, typed, or other copies of the map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

3772 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The boundaries of the city are described in Appendix B of this charter which is hereby incorporated herein by reference.
ARTICLE II The Mayor and Council
CHAPTER 1 General Provisions
Section 2-101. Creation; number; term of office. There shall be a mayor and council composed of the mayor and three (3) council members and one (1) alderman elected as provided in Article III of this charter for four (4) year terms of office.
Section 2-102. Qualifications of office, (a) To be eligible for election as mayor, a person, at the time of qualification, must:
(1) have attained the age of 21 years;
(2) have resided in the city for not less than one (1) year immediately preceding the date of qualification for office and must continue in such residence during the term of office;
(3) be a qualified elector of the city; and
(4) meet any other requirements as may be established by general state law.
(b) To be eligible for election as a council member from a designated ward, a person, at the time of qualification, must:
(1) have attained the age of 21 years;
(2) have resided in the city for not less than one (1) year immediately preceding the date of qualification for office, and be a resident of the ward from which he qualifies for at least 30 days prior to qualification and must continue in such residence during the term of office;
(3) be a qualified elector of the city; and
(4) meet any other requirements as may be established by general state law.

GEORGIA LAWS 1980 SESSION

3773

(c) To be eligible for election as councilman-at-large and as alderman-at-large, a person, at the time of qualification, must:
(1) have obtained the age of 21 years;
(2) have resided in the city for not less than one (1) year prior to the date of qualification and must continue such residence during the term of office.
(3) be a qualified elector of the city; and
(4) meet any other requirements as may be established by general state law.
Section 2-103. Conflict of interest; interest in contracts. It shall be unlawful for the mayor or any member of the council to be interested, either directly or indirectly, in any contract with the city on any public work or improvement, or in furnishing supplies of any kind for the use of the city, or in any transaction in any way involving the expenditure of the money of the city, except as may be approved in advance by the unanimous consent of the other members of the mayor and council.
CHAPTER 2 Powers of the Mayor and Council
Section 2-201. Legislative powers. The municipal government of the city and all powers of the city shall be vested in the mayor and council. The mayor and council shall be the legislative body of the city.
Section 2-202. Execution of powers. The mayor and council shall have full power and authority to provide for the execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers, agencies, or employees granted by this charter or by state law.
Section 2-203. Independent audits. The mayor and council shall provide for an independent annual audit of all city accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who have no personal interest,

3774 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
direct or indirect, in the fiscal affairs of the city government or any of its officers. The mayor and council may also provide for special independent audits of any office, department, board, commission, or other agency of the city.
Section 2-204. Inquiries and investigations. The mayor and council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency of the city or any joint or independent commission, board or authority of the city. For this purpose, the mayor and council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in the same manner as the Superior Court of Fulton County. Any person who fails or refuses to obey a subpoena issued in the exercise of this power by the mayor and council may be held in contempt by a majority vote of all members of the mayor and council and punished as provided for contempt of recorder's court. Appeal to the Superior Court of Fulton County from a council contempt conviction shall be allowed as for any conviction in the recorder's court.
CHAPTER 3 Mayor and Mayor Pro Tern
Section 2-301. Mayor; powers and duties, (a) The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs.
(b) The mayor shall;
(1) see that the laws and ordinances of the city are faithfully carried out and executed within the city;
(2) examine, audit and approve all accounts against the city before payment;
(3) exercise the power of veto as provided in section 2-405 of Chapter 4 of this Article;
(4) keep the council members advised from time to time of the general condition of the city;

GEORGIA LAWS 1980 SESSION

3775

(5) recommend such measures as he may deem necessary or expedient for the welfare of the city;
(6) preside over the meetings of the council, and call the council together at any time when deemed necessary by him;
(7) vote on all matters when there is an equal division of the council members;
(8) perform such other duties as required by the council.
Section 2-302. Mayor pro tem; election; term; duties. The alderman-at-large elected as provided in Article III of this Charter shall serve as mayor pro tempore, and in the absence or disqualification of the mayor, he shall perform all the acts and duties vested in the office of mayor by law. In the event of a vacancy in the office of the mayor by reason of death, resignation or other cause, the alderman-at-large shall serve as mayor until a successor to the office of mayor is selected and qualified.
CHAPTER 4 Organization and Procedure
Section 2-401. Annual organizational meeting, (a) The first meeting in January of each year shall be the annual organizational meeting of the mayor and council.
(b) At this meeting, any newly elected or re-elected members of the mayor and council shall each qualify to take office by taking the following oath of office:
"I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council member, as the case may be) by adopting and enforcing such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of Hapeville and the common interest thereof."
(c) At the annual organization meeting, the mayor and council shall make any appointments and selections as may be required by this charter or by ordinance.

3776 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2-402. Rules, quorum; voting; journal of minutes, (a) The mayor and council, by a motion approved by a majority vote of all members, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter and ordinances of the city.
(b) A majority of the members of the mayor and council, including the mayor, shall constitute a quorum for the transaction of business, but a number less than a majority may adjourn from time to time. All actions of the mayor and council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter.
(c) A journal of minutes shall be maintained, and every official action of the mayor and council shall be recorded therein. The journal shall be a public record. Any council member may require the recording of yeas and nays of each member in the journal for any votes taken by the mayor and council.
Section 2-403. Meetings; regular and special, (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance and there shall be at least one (1) regular meeting each month.
(b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all council members other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible in advance 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 a special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in the council member's presence or with his or her prior knowledge. Except by majority vote of the council members attending the special meeting, only the business stated in the call may be transacted at the special meeting, and no action at a special meeting shall be valid unless the requirements of this section are met.
(c) All meetings of the council shall be public to the extent required by general state law and notice to the public of special

GEORGIA LAWS 1980 SESSION

3777

meetings shall be made fully as is reasonably possible prior to the meetings.
Section 2-204. Introduction, consideration and enactment of legislation. (a) Every official act of the mayor and council which is to become law shall be by ordinance and shall begin with the words: "Be it, and it is hereby ordained by the Mayor and Council of the City of Hapeville." All other acts of the mayor and council shall be by resolution or shall take such other form as prescribed by rules of the mayor and council.
(b) The manner and procedure for introduction of ordinances shall be determined by rules of the mayor and council, provided that no ordinance shall be adopted on the date of its introduction, except by unanimous vote of the council to waive any further readings.
Section 2-405. Revision of legislation; veto. The mayor shall have the revision of all ordinances, motions, orders or resolutions passed by the council. He shall have four (4) days after the same shall have been passed by the council in which to file in writing with the city clerk his veto of such ordinances, motions, orders or resolutions to which he shall dissent; but the council within 30 days thereafter shall have the power to pass such ordinances, motions, orders or resolutions, notwithstanding such veto by an affirmative vote of three of the four members of the council, at a meeting of such body, to be taken by yeas and nays and entered upon the minutes.
Section 2-406. Codes of technical regulations, (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing the adopting ordinance shall be as prescribed for ordinances generally.
(b) Any requirements 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.
(c) A copy of each adopting code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk.

3778 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase by the public at a reasonable price.
ARTICLE III Election and Removal
CHAPTER 1 Conduct of Elections
Section 3-101. Applicability of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia (Ga. L. 1968, p. 885), as now or hereafter amended.
Section 3-102. Regular elections; time for holding, (a) The regular election for electing the mayor and the alderman-at-large shall be held on the first Tuesday in November of 1983 and at this month and day quadrennially thereafter.
(b) The regular election for electing the three (3) council members (two (2) members from wards and one (1) council member atlarge) shall be held on the first Tuesday in November of 1982 and at this month and day quadrennially thereafter.
Section 3-103. Manner of election, (a) The city shall be divided into two (2) wards, designated respectively as wards No. 1 and No. 2. The boundaries of wards No. 1 and No. 2 shall be as specifically described and set forth in Appendix C of this charter.
(b) The mayor shall be elected from the city at-large.
(c) Two (2) council members shall each reside respectively in wards No. 1 and No. 2 and shall be elected from the city at-large.
(d) One (1) council member, to be known as a "councilman-atlarge," may reside at any location within the city and shall be elected from the city at-large.
(e) One (1) council member, to be known as "alderman-atlarge," may reside at any location within the city and shall be elected from the city at-large.

GEORGIA LAWS 1980 SESSION

3779

(f) All municipal elections shall be non-partisan and the names of candidates shall be listed alphabetically upon the ballot without party label.
CHAPTER 2 Vacancies and Removal from Office
Section 3-201. Occurrence of vacancies. A vacancy in the office of mayor or council member occurs when a duly elected person fails to qualify, or when a person who has been duly elected and qualified either dies, resigns, becomes disabled, or is removed from office, as provided by this charter. Vacancies shall be filled as is provided by section 3-202 of this charter.
Section 3-202. Filling of vacancies. In the event the office of the mayor or any council member shall become vacant by death, removal, disqualification, resignation or other cause, the remaining members of the mayor and council shall within 30 days order a special election to fill the vacancy or vacancies for the unexpired term or terms. Every special election for such purpose shall be held and conducted in all respects in accordance with the provisions of the code relating to general elections.
Section 3-203. Impeachment. The mayor and council shall have the sole right to try all impeachments. When sitting for the purpose they shall be under oath or affirmation. When the mayor is tried the judge of the City Court of Atlanta or any judge of the Superior Court in this State shall preside, and no person shall be convicted without the concurrence of two-thirds of the members present, and judgment shall not extend further than removal from and disqualification to hold any office of honor, trust or profit in the City of Hapeville; but any party so convicted shall be liable to indictment and trial and upon conviction shall be punished as prescribed by law.
ARTICLE IV Organization and Administration
CHAPTER 1 General Provisions
Section 4-101. City offices, departments and agencies. Except as provided by this charter, the offices, departments and agencies of

3780 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the city shall be created and established by ordinance, and the offices and departments shall be responsible for the performance of the functions and services enumerated therein. The operations and responsibilities of city departments and agencies may be distributed among any divisions, or bureaus, and shall consist of any officers and employees as may be provided by ordinance or administrative regulations consistent therewith.
Section 4-102. Administrative organization. The mayor and council may, by ordinance, organize, combine, consolidate, or discontinue any offices, departments, agencies, or divisions of the city government as it may from time to time deem desirable and consistent with this charter.
Section 4-103. Boards and commissions, (a) The mayor and council may, by ordinance, unless otherwise provided by law, create boards and commissions which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings and preparing recommendations as to needed ordinances and resolutions and for any other purposes authorized.
(b) The mayor and council may provide by ordinance, unless otherwise provided by law, for the manner of appointment, makeup and composition of boards and commissions, their periods of existence, and for the compensation of their members and employees, in whole or in part. The mayor and council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The mayor and council shall have the authority to annually appropriate money derived from taxation, contributions, or otherwise for and to boards and commissions to provide for their operation, either in whole or in part.
(c) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment.
(d) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members.

GEORGIA LAWS 1980 SESSION

3781

(e) Each board and commission may establish bylaws, rules and regulations, not inconsistent with this charter, ordinances, or applicable State law, as it deems appropriate and necessary for its internal organization, election of officers, and for the conduct of its affairs, copies of which shall be filed with the city clerk and approved by the mayor and council prior to their being effective.
CHAPTER 2 City Officers
Section 4-201. City clerk; appointment; duties; compensation, (a) The mayor and council shall annually appoint a city clerk who shall hold office for one (1) year, or until his successor is appointed and qualified.
(b) The city clerk shall be clerk of the mayor and council, shall attend all meetings of the mayor and council, and keep the minutes, books and files of each; shall collect all fines, taxes and other money due the city; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the city; and shall perform such other duties as may be required by the mayor and council.
(c) The compensation of the city clerk shall be fixed by the mayor and council.
Section 4-202. City attorney; appointment; qualifications; duties; compensation, (a) The mayor and council shall annually appoint a city attorney who shall hold office for one (1) year, or until his successor is appointed and qualified.
(b) The city attorney shall be an active member of the State Bar of Georgia in good standing.
(c) The city attorney shall be legal counsel to the city and shall perform any other duties as may be provided by ordinance.
(d) The compensation of the city attorney shall be fixed by the mayor and council.
Section 4-203. City manager or administrative assistant authorized. At such time as they in their discretion shall see fit, the mayor

3782 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and council may by ordinance provide for the employment of and employ an administrative assistant or a city manager who shall perform such duties and services as may from time to time be prescribed by the mayor and council and for such compensation as the mayor and council may authorize. The revenue of the city from sources otherwise provided in this charter may be expended for purposes of paying such salary and expenses as the mayor and council may provide for the city manager or administrative assistant.
CHAPTER 3 Personnel
Section 4-301. Merit system, (a) The mayor and council shall establish by ordinance a system of personnel administration based upon merit principles. The system shall be divided into a classified and an unclassified service which shall comprise such positions as provided by ordinance.
(b) The mayor and council shall adopt by ordinance rules and regulations to govern the classification of positions, appointment, promotion, transfer, layoff, removal and discipline of employees, employee qualifications, terms and conditions of employment, retirement and benefits, and other measures that promote the hiring and retaining of capable, diligent, honest, career employees.
Section 4-302. Personnel board; appointment; qualifications; duties, (a) There shall be a personnel board, consisting of three (3) members, appointed by the mayor and council for six-year staggered terms of office. Vacancies in unexpired terms shall be filled by the mayor and council by appointment for the remainder of the term. A member of the board may be removed only for cause after being given a written statement of the charges against the member, and, if he requests, a public hearing on the removal. A certified copy of the charges and transcript of the record shall be filed with the city clerk.
(b) Each member of the board shall be a qualified elector of the city. No member of the board shall hold or be a candidate for any elective public office or position. The mayor and council may compensate members of the board for their services. Members of the board shall elect a chairman and such other officers as desired who shall serve for a term of one (1) year.

GEORGIA LAWS 1980 SESSION

3783

(c) The functions and duties of the board shall be as follows:
(1) Advise the mayor and council and the official responsible for personnel administration on problems concerning personnel administration.
(2) Review and submit recommendations on personnel rules and regulations on any other matter concerning the administration of personnel in the municipal service, and report to the mayor and council, at least once each year, its findings, conclusions, and recommendations.
(3) Perform such other duties as required by the mayor and council.
Section 4-303. The personnel board of appeals, (a) There shall be a personnel board of appeals, consisting of three (3) citizens of the city who are not members of the governing body of the city and who shall be appointed by the mayor, subject to the approval of a majority of the members of council initially to serve six-year staggered terms of office. Vacancies or an unexpired term shall be filled by the mayor, with the consent and approval of a majority of members of council, by appointment for the remainder of the term. A member of the board may be removed only for cause and after being given a written statement of the charges against him, and if he request a public hearing thereon. A certified copy of the charges shall be filed with the city clerk, and such board members may be relieved from this appointment only by vote of two-thirds of the members of mayor and council, the mayor in this case having a vote equal to a councilman. After the three (3) persons are appointed and have taken the oath of their office, they shall elect from among their number a chairman who shall hold office for one (1) year from that date or until his successor is elected, whichever occurs first.
(b) Hear appeal of any officer or employee in the classified service who is suspended (except disciplinary suspension of one to ten days), reduced in pay or position, or who has been given written notice of suspension which, unless an appeal is prosecuted and sustained, shall result in his separation from the service. The decision of the personnel board of appeals shall be final and binding upon the city and upon the employees, and no appeal shall lie from its decision.

3784 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V Finance and Fiscal
CHAPTER 1 Taxation and Other Revenue
Section 5-101. Ad valorem tax; grant of authority. For the purpose of raising revenue for the support and maintenance of the city government and for other corporate purposes, the mayor and council shall be authorized to assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to taxation for state and county purposes under the laws of this state and to provide for the manner and method in which such taxes shall be collected.
Section 5-102. Sanitary tax. The mayor and council shall have power and authority to levy and collect a sanitary tax against all real estate owned, held and possessed in the City of Hapeville. Said sanitary tax shall be fixed or assessed by the mayor and council, by resolution or ordinance and may be collected either monthly, quarterly, semi-annually or annually, in the discretion of the mayor and council and when said sanitary tax is levied it shall be a lien on the property against which it is assessed and shall be collected by the issuance of executions against said property and/or the owners thereof.
Section 5-103. Utility liens. Any water and sewer bill due the City of Hapeville for more than 60 days beyond the final payment date, may by proper resolution or ordinance of mayor and council, be declared a lien on the real estate served by the water meter through which passed the water unpaid for as provided herein, and such liens shall be entered in a special docket maintained in the office of the city clerk for that purpose; and further, such liens may be executed, levied upon, and satisfied the same as otherwise provided in this charter for executing liens for delinquent taxes, street and sewerage assessments, and shall bear interest at the rate of seven percent (7%) per annum on the unpaid balance from the date of entry in said lien docket until and through the date of payment or until such lien is otherwise satisfied as prescribed by law.
Section 5-104. Occupation and business taxes. The mayor and council shall have the power and authority to levy and collect any occupation and business taxes that are not prohibited by the consti-

GEORGIA LAWS 1980 SESSION

3785

tution and general law of Georgia. These taxes may be levied on any person, firm, partnership, company or corporation who transacts business in the city or who practices or offers to practice any trade, business,) calling, avocation or profession within the corporate limits of the city. For such purpose, these taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The mayor and council may classify businesses, occupations, professions or callings for the purpose of these taxes in any manner as is reasonable. The mayor and council shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation or profession subject to a tax. Payment of these taxes may be compelled as provided in section 5-112 of this chapter.
Section 5-105. Business licenses; permits; fees. The mayor and council, by ordinance, shall have the individual, person, firm, partnership, company or corporation who transacts business in the city or who practices or offers to practice any trade, business, calling, avocation or profession therein to obtain a license or permit for these activities from the city and to pay a reasonable fee for the license or permit for the regulation of any activity not prohibited by general law. These fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in section 5-112. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitates; including but not limited to denial or revocation for any violation of federal or state law or city ordinances.
Section 5-106. Excise taxes; wholesale and retail dealers. The mayor and council shall have the authority to impose, assess; levy and collect an excise tax upon the sale, transfer or dispensing of wine by wholesale and retail dealers within the city.
Section 5-107. Insurance premiums taxes and licenses. The mayor and council shall have the power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by an act of the General Assembly of Georgia approved February 20, 1964 (Ga. Laws 1964, p. 122), as now or hereafter amended; and on fire and casualty insurance companies in the manner provided by an act of the General Assembly approved April 12, 1968 (Ga. Laws 1968, p. 3706), as now or hereafter amended.

3786 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5-108. Service charges. The mayor and council, by ordinance, shall have the authority to assess and collect fees, charges, and tolls for water, sewer, sanitary and health services, or any other services rendered within and without the corporate limits of the city. If unpaid, these charges or fees shall be collected as provided in section 5-112.
Section 5-109. Special assessments. The mayor and council, by ordinance, shall have the authority to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, drainage structures or other utility mains and appurtenances from the abutting property owners under any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in section 5112.
Section 5-110. Installment payments may be authorized. The Mayor and Council of Hapeville shall have power and authority within its discretion by proper ordinance or resolution to allow the payment of all taxes to the City of Hapeville to be paid in installments on such dates as the mayor and council by ordinance or resolution may designate, and shall further have power and authority to give such discounts as within its discretion may be proper for the payment of such taxes on the dates named in the ordinance or resolution.
Section 5-111. Interpretation; other taxes. The mayor and council shall be empowered to levy any other tax now or hereafter authorized by state law and the specific mention of any right, power or authority in this chapter shall not be construed as limiting in any way the general powers of the city to govern its local affairs.
Section 5-112. Collection of delinquent taxes and fees. The mayor and council, by ordinance, may provide for the collection of delinquent taxes, fees or other revenue due the city pursuant to authority granted by this charter or by the constitution and general laws of Georgia or by any other authority not precluded by the constitution and general laws of Georgia. This authority shall include providing for the dates when the taxes, fees or other revenues are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes, fees and other revenues, personal debts of the persons required to pay the

GEORGIA LAWS 1980 SESSION

3787

taxes, fees or other revenues imposed; revoking city licenses for failure to pay any city taxes, fees or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of executions and collection of transferred executions; providing for the billing and collecting of principal, interest and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill.
CHAPTER 2 Borrowing and Indebtedness
Section 5-201. General obligation bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or by the constitution and general laws of the state. This bonding authority shall be exercised in accordance with state laws governing bond issuances by municipalities in effect at the time the issue is undertaken.
Section 5-202. Revenue bonds. Revenue bonds may be issued by the mayor and council as now or hereafter authorized by state law.
Section 5-203. Short term notes. The mayor and council may issue short term notes as now or hereafter authorized by state law.
Section 5-204. Improvement bonds, (a) In order to facilitate the financing of any municipal improvements authorized by law, the mayor and council shall have authority to issue bonds of the city in the aggregate amount of assessment for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of the city or of the mayor and council issuing them.
(b) These bonds shall mature at a date and bear an interest rate as the council may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear.
(c) These bonds shall be signed by the mayor and attested by the clerk of council, and shall have the impression of the corporate seal of the city thereon, and shall be payable at a place designated by ordinance.

3788 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) : These bonds shall be designated as "improvement bonds," and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued, and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made.
(e) These bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds are issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvements, shall be sold or otherwise disposed of as the mayor and council by ordinance shall direct.
CHAPTER 3 Fiscal Control
Section 5-301. Fiscal year; municipal budget preparation and submission, (a) The mayor and council shall establish a fiscal year for the city and all its agencies by ordinance unless otherwise provided by state or federal law.
(b) The mayor and council shall prescribe by ordinance the procedure for the preparation and submission of an annual operating budget and of a capital improvement program and capital budget of the city.
Section 5-302. Municipal appropriations; ordinance required, (a) The mayor and council shall annually appropriate by ordinance, the funds necessary to operate all the various agencies and departments, and to meet the expenses of the city for the next fiscal year as provided in the municipal budget.
(b) The mayor and council shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total municipal receipts from existing

GEORGIA LAWS 1980 SESSION

3789

revenue sources anticipated to be collected in the fiscal year, less refunds as estimated in the budget report and amendments thereto.
(c) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal appropriations ordinance, shall lapse.
Section 5-303. Supplementary appropriations, (a) In addition to the appropriations made by the municipal appropriations ordinance and amendments thereto, the mayor and council may make additional appropriations which shall be known as supplementary appropriations ordinances, provided no supplementary appropriation shall be made unless there is an unappropriated surplus in the city treasury or the revenue necessary to pay the appropriation has been collected into the general fund of the city treasury.
(b) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the municipal appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved.
Section 5-304. Deficits. If at any time during the year expenditures exceed revenues and a deficit is created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred.
CHAPTER 4 Purchasing, Contracting and Disposition of Property
Section 5-401. Contracting procedures. The mayor and council shall prescribe by ordinance the procedures to be followed in the making of contracts which shall bind the city. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. The mayor shall sign and authorize all contracts. The city clerk shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the city clerk.

3790 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5-402. Purchasing procedures. The mayor and council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest and/or best bidder, except as where otherwise provided for by ordinance. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance.
ARTICLE VI Recorder's Court
Section 6-101. Recorder's court created; presiding officer, (a) There is hereby created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the city. The recorder's court shall be presided over by the city recorder. The city recorder shall be elected by the mayor and council in the same manner that it elects other officers of the city.
(b) The recorder's salary shall be fixed by the mayor and council, and the recorder shall take such oath as may be prescribed by the mayor and council. The recorder shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and council.
(c) Any vacancy in the office of city recorder, by reason of death, resignation, removal or other reason shall be filled by appointment of the mayor and council. In his disqualification or absence, the mayor, mayor pro tern, recorder pro tern or recorders pro hac vice may hold the court, and may exercise all the powers conferred by law or this charter upon the recorder.
(d) The mayor and council by appropriate ordinance shall have the power and authority to provide for the appointment of a recorder pro tern, and to provide for recorders pro hac vice to serve in the absence or disability of the city recorder, and to provide such salary and/or remuneration as they deem appropriate.
Section 6-102. Penalty for violation of laws, ordinances. The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a city ordinance or law by fine not exceeding $500.00; by imprisonment not to exceed 90 days; work in

GEORGIA LAWS 1980 SESSION

3791

the workgang on the public streets, or on such public works as the authorities may employ the workgang, or by any one or both of these punishments in the discretion of the recorder or presiding officer of said court.
Section 6-103. Authority of recorder as justice of the peace. The recorder shall to all intents and purposes be a justice of the peace, so far as to enable him to issue warrants for offenses committed within the city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to jail, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county.
Section 6-104. Sentence for contempt. When sitting in a court as a recorder, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding $100.00, by imprisonment in the manner prescribed in section 6-102 not exceeding 30 days, or by one (1) or both, or any part thereof, in the discretion of the presiding officer.
Section 6-105. Warrants; form, scope, execution; recorder's authority to hear evidence, grant bond, (a) The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the City of Hapeville or this state, and when the offense is against state laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Hapeville, the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant.
(b) All warrants issued by the recorder, or anyone authorized to preside in the recorder's court, shall be directed to the "Chief of Police of the City of Hapeville, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia," and any one of said officers shall have the authority to execute warrants.
(c) The mayor, mayor pro tern, or recorder pro tern of the city shall have the right and the authority to sign all warrants, summon-

3792 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ses, receipts, executions or other processes, which the judge of the recorder's court has authority to sign, when the judge of the recorder's court is absent, incapacitated, or in any way unavailable, provided such warrants, summonses, receipts, executions or other processes are returnable only to the judge of the recorder's court.
Section 6-106. Witnesses. The recorder, or any officer of the recorder's court authorized by ordinance shall have power and authority to subpoena witnesses to attend the recorder's court, under the same rules and regulations that regulate and govern the superior courts of this state, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt.
Section 6-107. Ministerial officers of recorder's court; attendance, duties. The ministerial officers of the recorder's court shall be the policemen of the city to whom all mesne and final processes shall be directed. The officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with the court as may be required of them.
Section 6-108. Certiorari; costs; bond required; failure to give bond, (a) Any person convicted before the recorder or other presiding officer of the recorder's court shall have the right to petition the Superior Court of Fulton County for issuance of a writ of certiorari, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case.
(b) Nothing in this section shall prevent the defendant who desires to obtain a writ of certiorari therefor from the superior court from doing so; provided however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in jail to await the final judgment of the appeal. Nothing in this section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of the city from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of state law in such cases.
Section 6-109. Hearing on certiorari; notice; costs; forfeiture of bond. The judge of the superior court who grants certiorari may

GEORGIA LAWS 1980 SESSION

3793

hear the appeal after giving notice to each party, or his attorney, of the time and place of hearing, the recorder being required to certify and send up to the superior court a complete and accurate history of the case, as his answer to the petition for certiorari, and the defendant having the right to traverse the answer as provided by law.
The mayor and council shall pass ordinance regulating the costs for appeals and certiorari; and for the forfeiture of all bonds.
ARTICLE VII General Provisions
Section 7-101. Terms of present officers. All present elected officers of the city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided.
Section 7-102. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and its agencies now lawfully in effect not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified or amended.
Section 7-103. Contracts and obligations; proceeding, (a) All contracts, orders, leases, bonds and other obligations or instruments entered into by the city or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof, as obligations and rights of the city.
(b) No action or proceeding of any nature (whether civil or criminal), judicial or administrative, or otherwise, pending at the effective date of this charter by or against the city or its departments and agencies shall be abated or otherwise affected by the adoption of this charter.
(c) The existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith.

3794 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7-104. Section captions; rules of construction, (a) The captions of the several sections of this charter are informative only and are not to be construed as a part thereof.
(b) The word "shall" in this charter is intended to be mandatory and the word "may" is to be permissive.
(c) In the construction of this charter, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the adopting body:
(1) City. The words "the city" or "this city" shall mean the City of Hapeville, Georgia.
(2) County. The words "the county" or "this county" shall mean the County of Fulton, Georgia.
(3) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
(4) Governing body or governing authority. The words "governing body" or "governing authority" shall mean the Mayor and Council of the City of Hapeville, Georgia.
(5) Number. Words uses in the singular include the plural, and the plural includes the singular number.
(6) Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
(7) Other officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "mayor," "city council," "city clerk," they shall be deemed to refer to officials of the City of Hapeville, Georgia.
(8) Council or city council. The words "council" or "city council" shall mean or refer to council members of the governing authority, excluding the mayor.
(9) Person. The word "person" shall extend and be applied to firms, partnerships, associations, organizations and

GEORGIA LAWS 1980 SESSION

3795

bodies politic and corporate, or any combination thereof, as well as to individuals.

(10) State. The words "the state" or "this state" shall be construed to mean the State of Georgia.

Section 7-105. Severability. If any provisions of this charter or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable.

Section 7-106. City officers and employees. All elected or appointed officers and employees of the city immediately prior to the adoption of this act shall continue in their positions until the end of their terms of office or if no term is provided then as otherwise provided by this charter or ordinance.

Section 7-107. General repealer. All laws and clauses of laws in conflict with this act are hereby repealed.

Section 7-108. Specific repealer. The following acts creating, reinacting or amending the charter of the City of Hapeville are hereby repealed:

Year

Act No.

1891

448

1895

214

1910

534

1912

367

1914

329

1924

292

1927

239

1929

280

1937

171

1938

354

1939

359

1943

247

1947

116

120

345

3796 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1950

747

1953

364

825

1955

213

1956

268

1957

279

282

1959

HB 387

1961

190

236

1962

873

1964

919

989

1966

554

1968

1249

1969

376

1971

45

1972

962

1074

1075

1456

1974

1179

1268

1979

141

APPENDIX A Specific Powers Enumerated

Section 1. Authority to contract with industrial or development authority. The City of Hapeville, by and through its governing authority, shall have the power to contract with any duly created industrial or development authority, or both, for the operation, maintenance, and use of any public project, public building, or other public facility, including, and not limited to, parking lots, garages, or other parking structures, or projects, buildings or facilities, essential for the public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation, or other public purposes in the City of Hapeville.

Section 2. Authority to contract with water and sewer authority. The City of Hapeville, by and through its governing authority, is

GEORGIA LAWS 1980 SESSION

3797

authorized to contract with any duly created water and sewer authority for the purposes of operating, maintaining, and providing water and sewer services to the City of Hapeville and its citizens.
Section 3. Appropriations for relief of poor and for charitable purposes. The mayor and council shall have power by appropriate action to appropriate money for the relief of the poor and for charitable purposes as they may deem proper.
Section 4. Nuisances on vacant lots--Definition. Any property in the City of Hapeville on which weeds, debris, trash or waste matter has been allowed to accumulate to such extent that the presence of such matter on the vacant property creates conditions likely to cause a fire or, spreading of fire, or an imminent danger to the health or welfare of the adjacent community by the spread of disease or epidemic, shall be subject to be declared a nuisance and abated in the manner herein set out.
Section 5. Same -- Abatement. Proceedings for the abatement of the nuisance declared in the above section shall be as follows: The Director of Public Service shall cause summons to be issued from the Recorder's Court of the City of Hapeville, directed to the owner, if known and a resident of the City of Hapeville, or if the owner is a nonresident but said property is under the management of an agent of the owner, resident of Hapeville, shall be directed to such agent, to show cause why the nuisance should not be abated. Said notice to set out the particulars in what manner said vacant lot constitutes a nuisance, and the same shall be personally served on the owner, if a resident, and upon his agent if he is not a resident, and if the owner is unknown and his resident is unknown, with no resident agent in charge of said property, then by publication one time in a newspaper of general circulation, published in the City of Hapeville, five (5) days before the date of the hearing, such summons and notice shall state the time and place of the hearing to be had in the Recorder's Court of the City of Hapeville.
Section 6. Same -- Judgement against offender. If on said hearing before the recorder it shall be adjudged that the said nuisance should be abated the judgment of said recorder shall provide that unless said nuisance he abated within five (5) days by the party proceeded against, the director of public service or his assistants shall be authorized to enter upon said vacant property and abate

3798 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
said nuisance by the cleaning off and removal of the matter thereon constituting the nuisance, which shall be done by said city authorities at the expense of the owner and charged against the property, and judgment for costs of court.
Section 7. Same -- Costs and expenses, collection. In the event the director of public service or his assistants abate said nuisance, the actual cost and expense of said city in clearing away and removing said matter declared to be a nuisance shall be declared a. charge and a lien upon.the said property on which said nuisancei was abated. Said charge and lien shall be fixed in the following, manner: Upon the abatement of said nuisance the director of public; service shall render a written statement to the owner of said property if known, or to the owner's agent if the owner be a nonresident, or if the residence of the owner be unknown, by publication in a; newspaper of general circulation in the City of Hapeville, by being, published one time, showing the actual cost of abating said nuisancei and demanding the payment of said expense, and if the same be not' paid within thirty days from the date of said notice, the director ofi public service shall certify to the mayor and general council a state- | ment showing the actual cost of abating said nuisance and the cost; of advertising, and the mayor and council are authorized by ordi-i nance to declare said charge and expense a lien against the real estate on which said nuisance was abated, which lien or charge may1 be enforced by execution, levy and sale in the manner as executions now authorized under the provisions of the charter of the City of | Hapeville for. street improvements. The property owner shall have the same rights and defenses to the said execution, as now exist in defense of executions issued under assessments for paving of streets.
Section 8. Same -- Cleanliness and safety of premises, authority to provide. The Mayor and Council of the City of Hapeville shall have the authority and power, in the interest of health, sanitation, the public safety and welfare, to provide for the clearing, cleaning off and making and keeping sanitary and/or free from fire or other i hazards, any and all real property, either vacant or improved, within the corporate limits of the City of Hapeville; to provide for the removal from such property all debris, grass, weeds or other growth, or other unsanitary or combustible matter or materials; to provide for the height and trimming of hedges, shrubbery and other growth; to fix and to impose penalties upon owner and occupants of property in respect to such requirements; to provide for the perfor-

GEORGIA LAWS 1980 SESSION

3799

mance of such services by the city and for the assessment and collection of charges therefor; for the creation and assessment of liens against property and the owners and occupants thereof so served and for the collection and enforcement of such liens the same as assessments for taxes, paving of streets and sidewalks, and other liens of the city are now executed and enforced; and further that the said Mayor and Council of the City of Hapeville by and they hereby are authorized and empowered to adopt such ordinances and/or resolutions and/or other acts of a like nature to enforce this provision of the city charter.
Section 9. Authority to assess for cost of improvements, (a) The mayor and council shall be authorized to make special assessments with or without petition against benefited property within the corporate limits of the city for:
(1) Constructing, reconstructing, paving, widening, installing curbs and gutters, and otherwise building and improving streets;
(2) Constructing, reconstructing, paving, widening, and otherwise building or improving sidewalks in any public street;
(3) Constructing, reconstructing, extending, and otherwise building or improving water systems;
(4) Constructing, reconstructing, extending, and otherwise building or improving sanitary sewer lines; and
(5) Constructing, reconstructions, extending, and otherwise building or improving sewage disposal systems.
(b) Assessments may be made on the basis of.
(1) The frontage abutting on the project, at an equal rate per foot of frontage, or
(2) The area of land served, or subject to being served, by the project, at an equal rate per unit of area, or
(3) The value added to the land served by the project or subject to being served by it, being the difference between the

3800 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appraised value of the land without improvements as shown on that tax records of the county, and the appraised value of the land with improvements according to the appraisal standards and rules adopted by the county at its last revaluation, at an equal rate per dollar of value added; or
(4) The number of lots served, or subject to being served, where the project involves extension of an existing system to a residential or commercial subdivision, at an equal rate per lot; or
(5) A combination of two or more of these bases.
Whenever the basis selected for assessment is either area or value added, the mayor and council may provide for the laying out of benefit zones according to the distance of benefited property from the project being undertaken, and may establish differing rates of assessment to apply uniformly throughout each benefit zone.
For each project, the mayor and council shall endeavor to establish an assessment method from among the bases set out in this section which will most accurately assess each lot or parcel of land according to the benefit conferred upon it by the project. The council's decision as to the method of assessment shall be final and conclusive and not subject to further review or challenge.
(c) The procedures for execution of the power and authority granted herein shall be as prescribed by ordinance or resolution of the mayor and council.
Section 10. Territorial jurisdiction. For all police purposes, such as peace, good order, health, morals, the control and regulation over the water pipes, valves, hydrants, meters and accessories used in supplying of water wherever extended, or through which water is served and supplied by the City of Hapeville Waterworks outside the city limits of Hapeville, and for the full distance of all said water pipes, and for the full length of said mains, and for all pipes and service connections extending therefrom, and for a distance of 300 feet on all sides of said mains or pipes, the City of Hapeville shall have jurisdiction of the enforcement of all ordinances, rules and regulations of said city, having for their purpose the exercise and control over the water service supplied by said city; and further-

GEORGIA LAWS 1980 SESSION

3801

more, the city shall have the right to make laws, rules and regulations for the control of water service wherever supplied inside or outside of the city limits, and to fix penalties for the violation thereof. Any person guilty of the violation of any of the ordinances, rules and regulations of the City of Hapeville enacted for said purposes as aforesaid, within the jurisdiction as above extended shall be subject to the jurisdiction of the Recorder's Court of the City of Hapeville in the same manner as for offenses committed within the city limits.
Section 11. Rules and regulations. The mayor and council of the City of Hapeville be, and they are, hereby authorized and empowered to make rules and regulations not inconsistent with law for the regulation of its waterworks system, and also to require the owner of any improved real estate within the corporate limits of said city to provide suitable water closet accommodations upon such improved premises, whenever in their judgment and discretion such improvements are necessary or proper to preserve the health or protect the sanitary interests of the citizens of any neighborhood or community of said city; and to prevent the use of water from wells and any and all places in said city for domestic purposes, whenever in their discretion they deem it necessary or proper to preserve the health of the citizens of any neighborhood or community within the corporate limits of said city.
APPENDIX B
All that tract or parcel of land being and lying in Land Lots 65, 66, 67, 94, 95, 96, 97, 98, 99, 127 and 128 of the 14th District of Fulton County, being more particularly described as follows:
BEGINNING at a point formed by the intersection of the western boundary line of Land Lot 99 of the 14th District of Fulton County and the northern boundary line of Land Lot 99 of the 14th District of Fulton County, such point being the northwest corner of Land Lot 99 of the 14th District of Fulton County, running thence east along the northern boundaries of Land Lots 99, 94 and 67 of the 14th District of Fulton County to a point formed by the intersection of the northern boundary of Land Lot 67 of the 14th District of Fulton County and the western right-of-way line of Interstate Highway 75; running thence southerly along the western right-of-way of I1n19t-e2rstate Highway 75 to a point formed by the intersection of the

3802 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
western right-of-way of Interstate Highway 75 and the southern right-of-way of North Central Avenue; running thence west along the southern right-of-way of North Central Avenue to a point formed by the Intersection of the southern right-of-way of North Central Avenue and the eastern boundary of Land Lot 96 of the 14th District of Fulton County; running thence south along the eastern boundary of Land Lot 96 of the 14th District of Fulton County to a point formed by the intersection of the eastern boundary of Land Lot 96 of the 14th District of Fulton County and the southern boundary of Land Lot 96 the 14th District of Fulton County, such point being the southeast corner of Land Lot 96 of the' 14th District of Fulton County; running thence west along the southern boundary of Land Lots 96 and 97 of the 14th District of Fulton County, to a point formed by the intersection of the southern boundary of Land Lot 97 of the 14th District of Fulton County and the western boundary of Land Lot 97 of the 14th District of Fulton County, said point being the southwest corner of Land Lot 97 of the 14th District of Fulton County; running thence north along the western boundary of Land Lot 97 of the 14th District of Fulton County to a point formed by the intersection of the western boundary of Land Lot 97 the 14th District of Fulton County and the original corporate boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1891, Act No. 448, Section 2, said boundary being a line running parallel to the main tracts of the Central Georgia Railroad one-half mile from a point in the center of the Central of Georgia Railroad main track directly opposite a point in the center of the Central of Georgia Railroad depot; running thence northwesterly along said original boundary, a distance of 900 feet more or less, to a point formed by the northeast corner of the original corporate boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1891, Act No. 448, Section 2; running thence northeasterly along said original corporate boundaries of the City of Hapeville, said line running at right angles to the right-of-way of the Central of Georgia Railroad line, a distance of 720 feet more or less to a point formed by the intersection of the original corporate boundaries of the City of Hapeville and the center of Virginia Avenue; running thence west along the center of Virginia Avenue to a point formed by the intersection of the center of Virginia Avenue and the eastern boundary of Whipple Avenue; running thence north along the eastern boundary of Whipple Avenue a distance of 1430 feet more or less to a point formed by the intersection of the eastern boundary of Whipple

GEORGIA LAWS 1980 SESSION

3803

Avenue and the boundary of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1, and the present boundaries of the City of East Point; running thence east along the boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point, a distance of 1390 feet more or less to a point; running thence north along said boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point, a distance of 930 feet more or less to a point where the boundaries of the City of Hapeville as established by an act of the General Assembly, Georgia Laws 1910, Act No. 534, Section 1 and the present boundaries of the City of East Point intersect with the northern boundary of Land Lot 127 of the 14th District of Fulton County; running thence east along the northern boundary of Land Lot 127 of the 14th District of Fulton County to a point formed by the intersection of the northern boundary of Land Lot 127 of the 14th District of Fulton County and the western boundaries of Land Lots 98 and 99 of the 14th District of Fulton County, said point being in the northeast corner of Land Lot 127 of the 14th District of Fulton County; running thence north along the western boundary of Land Lot 99 of the 14th District of Fulton County, and the approximate center of the right of way Sylvan Road, to the point of beginning.
APPENDIX C Ward Boundaries
The City of Hapeville shall be divided into two (2) wards. Ward No. 1 shall consist of all of the area of the City of Hapeville south of the railroad tracks at Central Avenue and all of the area of the city west of the center line of Stewart Avenue, the same being the area formerly comprising Wards 1, 2 and 3. Ward No. 2 shall comprise the area north of the railroad tracks on Central Avenue and east of the center line of Stewart Avenue, being the area formerly known as Ward No. 4.

3804 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that the City of Hapeville, Georgia intends to apply for the passage of local legislation at the 1980 Session of the General Assembly of Georgia, convening in January 1980,, rto amend the Charter of the City of Hapeville, Georgia (Georgia Laws 1891, Act No. 448, as amended) so as to provide for a new Charter of the City of Hapeville, and for other purposes.
This 25th day of January, ,1980.
Glaze, McNally and Glaze City Attorney City of Hapeville Kirby A. Glaze
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Perry J. Hudson who, on oath, deposes and says that he/she is Senator from the 35th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 30, February 6 & 13, 1980.
Isl Perry J. Hudson Senator, 35th District

GEORGIA LAWS 1980 SESSION

3805

Sworn to and subscribed before me, this 19th day of February, 1980.
Isl Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 25, 1980.

WAYNE COUNTY - COMPENSATION, ETC. OF CLERK OF SUPERIOR COURT.
No. 1116 (Senate Bill No. 613).
AN ACT
To amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, so as to provide that the clerk of the superior court may be compensated for any additional duties which he may have in any court other than the superior court; to provide that the clerk of the superior court shall fix the compensation of the chief deputy' clerk and the number and compensation of additional clerks, subject to the approval of the governing authority of Wayne County; to provide that the clerk of the superior court may appoint, remove, and classify such clerks; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

3806 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. An Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. Laws 1959, p. 3031), as amended, is hereby amended by striking from the second sentence of Section 1 of said Act the following:
"and in any other court located in said county.",
so that when so amended, Section 1 of said Act shall read as follows:
"Section 1. The compensation of the sheriff and the clerk of the Superior Court of Wayne County is hereby changed from a fee basis to a salary basis and such officials shall hereafter be paid salaries as herein provided. Said salaries shall be the sole and exclusive compensation for all services rendered by said officials in the Superior Court of Wayne County. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind, including, but not limited to, any monies received by virtue of late purchases of automobile license tags and turnkey fees, as are now or may hereafter be allowed by law to be received or collected for services by either of said officials, shall be received and diligently collected by each of said officials for the sole use of Wayne County and shall be the property of Wayne County. Such funds shall be held as public funds belonging to Wayne County and shall be accounted for and paid over to the fiscal authority of Wayne County by the tenth day of each month for the immediately preceding month, at which time a detailed, itemized statement shall be made by each of such officials under oath showing such collections and the sources from which collected."
Section 2. Said Act is further amended by striking Section 3 of said Act, which reads as follows:
"Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Clerk is hereby authorized to appoint a Chief Deputy, who shall receive a salary of $7,200.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The expenses of the office of the Clerk of the Superior Court, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County. No clerical help shall be employed by the Clerk without

GEORGIA LAWS 1980 SESSION

3807

the approval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and shall be paid in equal monthly installments from the funds of Wayne County.",
and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The clerk of the superior court is authorized to appoint a chief deputy clerk and such other clerks as he shall deem necessary to properly carry out the functions of his office. The compensation of the chief deputy clerk and the compensation and number of such additional clerks shall be determined by the clerk of the superior court, subject to the approval of the governing authority of Wayne County. The clerk of the superior court may appoint, remove, and classify such clerks. All expenses of the office of the clerk of the superior court, such as desks, paper, and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly, a bill to amend an Act placing the Sheriff and the Clerk of Superior Court of Wayne County upon a salary basis in lieu of fee basis of compensation, approved March 10, 1959, (Georgia Laws 1959, Page 30-31), as amended and for other purposes.

3808 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 8th day of February, 1980. /s/ Stetson Bennett, Jr. Clerk Superior Court
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Littlefield who, on oath, deposes and says that he/she is Senator from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Press Sentinel which is the official organ of Wayne County, on the following dates: February 11, 18, 25, 1980.
Isl Bill Littlefield Senator, 6th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3809

FANNIN COUNTY - COMPENSATION, ETC. OF BOARD OF COMMISSIONERS.
No. 1117 (Senate Bill No. 618).
AN ACT
To amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 2814), so as to change the provisions relative to the compensation of the Chairman and members of the Commission; to change the provisions relative to county purchasing; to change the provisions relative to audits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended, particularly by an Act approved March 31, 1975 (Ga. Laws 1975, p. 2814), is hereby amended by striking subsection (a) of Section 6 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of $ 1,800.00 per annum, payable monthly, from the funds of Fannin County. The Chairman shall receive as his entire compensation for services as same an annual salary of $16,000.00 until January 1, 1981, at which time said annual salary shall be increased to $18,800.00. Such salary shall be paid in equal monthly installments from the funds of Fannin County. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from the funds of Fannin County to which said Chairman or any other Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any other public boards or public authorities by virtue of their office."

3810 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. The Chairman. The Chairman shall be the chief executive officer of the County government, and shall generally supervise, direct and control the administration or the affairs of the County pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. Consistent with the provisions of Section 9 of this Act, the Chairman shall establish rules and regulate purchasing services for all County departments, offices and agencies. He shall be further authorized to make purchases for the County in amounts not exceeding $2,500.00. The limitation of $2,500.00 provided for herein shall apply to the sales price of the goods or services purchased, and the Chairman shall not use any purchasing device, technique or method which would result in an aggregate cost exceeding the said $2,500.00 limitation."
Section 3. Said Act is further amended by striking paragraphs (18) and (19) of subsection (b) of Section 9 in their entirety and substituting in lieu thereof new paragraphs (18) and (19) to read as follows:
"(18) To make purchases of not less than $2,500.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the County.
(19) To make purchases in amounts over $5,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Fannin County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more except as hereinafter provided. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit a delay and when used equipment is being purchased, if the Commission determines that obtaining formal sealed bids is not practical for the purchase of used equipment."

GEORGIA LAWS 1980 SESSION

3811

Section 4. Said Act is further amended by striking Section 18 in its entirety and substituting in lieu thereof a new Section 18 to read as follows:
"Section 18. Audits, (a) The Commission shall employ a certified public accountant for the making of an annual continuous audit of County finances and financial records. The accountant so employed shall be paid out of County funds, and shall perform a complete audit of the financial records of the County for each fiscal year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission. Each annual report submitted to the Commission shall be made available for public inspection as other records of the Commission. Said accountant shall transmit to the grand jury of the Superior Court of Fannin County a copy of each annual report furnished by him to the Commission.
(b) The Board of Commissioners shall have published in the official organ of Fannin County once during each calendar year a copy of the annual audit prepared pursuant to subsection (a) of this Section."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act providing for a Board of Commissioners of Fannin County, approved August 10, 1920 (Ga. Laws 1920, p. 519), as amended; and for other purposes.
This 28th day of January, 1980.
Georgia, Fulton County.

3812 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster who, on oath, deposes and says that he/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980.
Isi John C. Foster Senator, 50th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
STATE COURT OF COBB COUNTY - ARREST POWERS OF INVESTIGATORS.
No. 1130 (Senate Bill No. 438).
AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, so as to vest the investigators of the solicitor's office with arrest powers; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3813

Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, is hereby amended by striking subsection (e) of Section 27 in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The solicitor shall have the authority to appoint such secretaries, clerks, investigators, and other personnel as are authorized by the Board of Commissioners of Cobb County. The solicitor shall, from time to time, recommend to the Board of Commissioners of Cobb County the number of such personnel needed by his office, together with the suggested compensation to be paid to each employee. However, it shall be within the sole discretion of the Board to fix the compensation to be received by each employee in said office. It shall be within the sole authority of the solicitor to prescribe the duties and assignments of the assistant solicitors and the other personnel of his office, and to remove or replace any of such employees at will and within his sole discretion.
The investigators shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff and shall have the authority to enforce the criminal or traffic laws through the power of arrest and those duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to

3814 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211) and for other purposes.
This 4 day of Jan. 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he/she is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.
Isl Roy E. Barnes Senator, 33rd District

GEORGIA LAWS 1980 SESSION

3815

Sworn to and subscribed before me, this 22nd day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

LUMPKIN COUNTY - SMALL CLAIMS COURT CREATED.
No. 1134 (Senate Bill No. 476).
AN ACT
To create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said

3816 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
court and the proceedings therein; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. (a) There is hereby created and established a Small Claims Court in and for Lumpkin County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace in civil cases by the laws of the State of Georgia.
(b) If a case filed in the Small Claims Court is not within the jurisdiction of the Small Claims Court but is within the jurisdiction of the Superior Court of Lumpkin County, the judge of the Small Claims Court may transfer such case to the superior court. The clerk of superior court may require such filing fee or advance against cost as is required for new actions filed in such court. The judge of the Small Claims Court may refund to the plaintiff any unexpended funds deposited with the Small Claims Court by plaintiff.
Section 2. (a) Any person elected or appointed as a judge of the Small Claims Court created by this Act must be a resident of Lumpkin County, must be at least twenty-one years of age, must have a high school diploma or of equivalent degree, and must be a person of outstanding character and integrity. Must be resident of Lumpkin County for 24 months.
(b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.
Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Lumpkin County or, on application of said judge of the

GEORGIA LAWS 1980 SESSION

3817

Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by an official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially i appointed by the judge of said court for that purpose.
(c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, ! the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from imonies collected for that purpose, and mail the same forthwith, >noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice iwas mailed to the defendant by registered or certified mail is 'returned to the sender by United States postal authorities marked

3818 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"refused", giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.
(d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $15.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than fortyfive days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the case at his discretion.

GEORGIA LAWS 1980 SESSION

3819

(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall

3820 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The judge of the Superior Court of Lumpkin County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of the Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "Small Claims Court Bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 15. (a) A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based

GEORGIA LAWS 1980 SESSION

3821

upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
(b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias, and to charge and collect for issuance of each such writ a fee of $2 in addition to the deposit of costs required by Section 8. It shall be the duty of the clerk of the superior court when any such writ is filed with him to enter same on the general execution docket.
Section 16. Review of judgments returned in the Small Claims Court may be had by writ of certiorari to the superior court.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:
"Small Claims Court of Lumpkin County Georgia

Plaintiff

Address vs.

Defendant

Statement of Claim

(Here the plaintiff or, at his request, the court will insert a statement >of the plaintiff's claim and, if the action is on a contract, either
express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)

3822 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
State of Georgia County of
being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just frounds of defense.

Sworn and subscribed before me

this

day

19 ,

Plaintiff (or Agent)

Notary Public (or Attesting Official)
TO:

Notice. Defendant

Home Address or

Business Address

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

$

, as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

M. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

GEORGIA LAWS 1980 SESSION

3823

If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.
If you wish to have witnesses summoned, see the court at once for assistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.

Judge-Clerk of the Small Claims Court of Lumpkin County
(Seal)."
Section 18. The Judge of the Small Claims Court of Lumpkin County shall be elected by the electors of Lumpkin County for a term of office of four years and until his successor is duly elected and qualified. The initial judge shall be elected in the general election to be held in November, 1980, and shall take office January 1, 1981. Thereafter successors to the office of Judge of the Small Claims Court of Lumpkin County shall be elected in the general election to be held immediately preceding the expiration of a term of office and the persons so elected shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Judge of the Superior Court of Lumpkin County from a list of the registered electors of Lumpkin County, and such successor shall serve for the remainder of the unexpired term.
Section 19. All office space, courtroom facilities, forms, docket -books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, may be furnished by the Board of County Commissioners.

3824 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
They may also provide a suitable room in the courthouse for the holding of said court. In the event that the Board of County Commissioners fails to furnish any of the above items, the judge shall have the authority to assess in each case an administrative fee to cover the cost of said items not to exceed $2.50 in addition to the deposit of costs required by Section 8.
Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. It shall be the duty of the judge of the Small Claims Court to hold a session of court on the first Wednesday of each month, or the second Wednesday if the first Wednesday falls on a legal holiday, and to hold evening sessions of such court as necessary to permit the attendance of persons who are unable to attend court during the normal working day.
Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.50, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of

GEORGIA LAWS 1980 SESSION

3825

commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.
Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of the Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 25. This Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without his approval.
Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Passage of Local Bill.
This is to give notice, according to law, of the intention of the undersigned to introduce and apply for passage by the Georgia General Assembly a local bill for Lumpkin County. This local legislation shall be a bill to be entitled "An Act to create and establish a Small Claims Court in and for Lumpkin County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the election, duties, powers, compensation,, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for i officers, courtrooms and materials; to provide for the procedure and

3826 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefore; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes."
This 31 day of December, 1979.
Carlton Colwell Representative, 4th District, Post 1 Ralph Twiggs Representative, 4th District, Post 2 John Foster Senator, 50th Senatorial District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Foster who, on oath, deposes and says that he/she is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dahlonega Nuggett which is the official organ of Lumpkin County, on the following dates: January 18, 25, 1980 and February 1, 1980.
Ish John Foster Senator, 50th District

GEORGIA LAWS 1980 SESSION

3827

Sworn to and subscribed before me, this 21st day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

DeKALB COUNTY fe* OFFICE OF MEDICAL EXAMINER CREATED.
No. 1150 (House Bill No. 1234).
AN ACT
To abolish the office of coroner of DeKalb' County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility requirements for medical examiner of DeKalb County; to provide for review and waiver of these requirements; to provide for the selection and term of office of the medical examiner of DeKalb County; to provide for the compensation and expenses of the medical examiner of DeKalb County; to provide for the functions, powers, and duties of the office of medical examiner of DeKalb County; to provide for the applicability of certain Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Coroner. The office of coroner of DeKalb County is 'hereby abolished, effective January 1, 1981.

3828 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. Medical examiner, (a) There is hereby created the office of medical examiner of DeKalb County. To be eligible to be medical examiner of DeKalb County, a person must:
(1) Have a doctor of medicine degree and be licensed to practice medicine under the provisions of Code Chapter 84-9, as now or hereafter amended;
(2) Be eligible for certification by the American Board of Pathology; and
(3) Have had at least one year of medico-legal training or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state, or federal level.
(b) Once each year the requirements of the medical examiner of DeKalb County shall be reviewed by the DeKalb Medical Association and the governing authority of DeKalb County. Upon the recommendation of the DeKalb Medical Association and upon approval of the governing authority of DeKalb County, the requirements for the medical examiner may be waived. Any such waiver shall be for a period of one year unless extended by the governing authority of DeKalb County.
Section 3. Selection. The medical examiner of DeKalb County shall be nominated by the chairman of the board of commissioners of DeKalb County and shall be approved by the board of commissioners of DeKalb County. The medical examiner of DeKalb County shall serve at the pleasure of the board. The first medical examiner of DeKalb County selected under this Act shall take office January 1, 1981. The medical examiner of DeKalb County shall be compensated in such amount as shall be determined by the board of commissioners of DeKalb County. All expenses of the office of medical examiner shall be paid by DeKalb County, subject to budgetary limitations.
Section 4. Duties. All of the functions of and all of the powers, rights, and duties of and heretofore exercised by the coroner of DeKalb County with reference to post-mortem examinations and autopsies shall be performed by and exercised by the medical examiner of DeKalb County; but said medical examiner shall have no authority to summon and impanel a jury to hold inquests.

GEORGIA LAWS 1980 SESSION

3829

Section 5. Same. The medical examiner of DeKalb County shall be authorized to perform all of the functions prescribed for a coroner under the provisions of the "Georgia Post-Mortem Examination Act," approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as now or hereafter amended, except said medical examiner shall have no authority to summon and impanel a jury to hold inquests.
Section 6. Applicability of certain Acts. The provision of the "Georgia Post-Mortem Examination Act," approved March 11, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 602), as now or hereafter amended, including but not limited to the penalty provisions, shall apply in all cases regarding the medical examiner of DeKalb County, except the provisions relating to inquests shall not apply.
Section 7. Effective date. This Act shall be effective only in the event that there shall be approved at the general election held in 1980 an amendment to Article IX, Section I, Paragraph VII of the Constitution so as to authorize the General Assembly to abolish the office of coroner of DeKalb County and create the office of medical examiner of DeKalb County, and then this Act shall become effective on January 1, 1981.
Section 8. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced during the regular 1980 session of the General Assembly of Georgia a bill to abolish the office of coroner of DeKalb County; to create the office of medical examiner of DeKalb County; to prescribe the eligibility requirements for medical examiner of DeKalb County; to provide for the selection of medical examiner of DeKalb County and such person's term of office; to provide for the compensation and expenses of the medical examiner of DeKalb County; to provide for the functions, powers, and duties of the office of medical examiner of DeKalb County; to provide for the applicability of certain Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.

3830 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 14th day of December, 1979.
Eleanor L. Richardson Representative, 52nd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eleanor L. Richardson who, on oath, deposes and says that he/she is Representative from the 52nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
Is/ Eleanor L. Richardson Representative, 52nd District
Sworn to and subscribed before me, this 14th day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3831

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED.
No. 1152 (House Bill No. 1284).
AN ACT
To amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), so as to provide a definition of Public Airport Passenger Terminal; to provide that, subject to certain conditions, Clayton County may enter into rapid transit contracts with the Metropolitan Atlanta Rapid Transit Authority for the provision of public transportation services by the Metropolitan Atlanta Rapid Transit Authority to and from and within the Clayton County-Atlanta Airport Public Transportation District without holding a referendum on said contracts; to authorize Clayton County, subject to certain conditions, to create a special service district for public transportation purposes, to be known as the Clayton County-Atlanta Airport Public Transportation District, in defined portions of any area in Clayton County now or hereafter owned or controlled by the City of Atlanta for airport purposes; to provide that the levy by Clayton County in said special service district of a retail sales and use tax shall be only in the geographical area of the special district; to provide for the proper administration and enforcement of this Act; to provide for other matters relative to the foregoing and relative to the general purposes

3832 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of this Act; and to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), is hereby amended by adding at the end of Section 2 a new subsection (1) to read as follows:
"(1) Public Airport Passenger Terminal. Areas that are both open to the general public and located inside buildings used primarily for air passenger ticketing, baggage handling, boarding or deboarding of aircraft and including all areas therein providing accommodations, goods, services, food, and beverages for sale to or use by the public, as well as public parking lots servicing such buildings, but not including areas outside such buildings or parking lots, such as, but not limited to, adjoining apron or ramp areas where aircraft are parked, serviced, fueled or receive food catering services, and runways, taxiways, open areas and buildings which are leased to air carriers or others primarily for purposes other than air passenger handling."
Section 2. Said Act is further amended by adding at the end of Section 24(e), before the period, the following:

GEORGIA LAWS 1980 SESSION

3833

> r except for any rapid transit contract between Clayton County, acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(1) of this Act, and the Authority, which contract shall (any other provision of law to the contrary notwithstanding) become valid and binding immediately, without necessity for any referendum, upon its execution by the Local Governing Body of Clayton County and the Authority and shall thereupon constitute an obligation on the part of Clayton County within the meaning of Section 24(i) of this Act.",
so that when amended said Section 24(e) shall read as follows:
"(e) Before a rapid transit contract such as is described in Subsection (d) shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local government voting in a referendum as hereinafter provided, except for any rapid transit contract between Clayton County, acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(1) of this Act, and the Authority, which contract shall (any other provision of law to the contrary notwithstanding) become valid and binding immediately, without necessity for any referendum, upon its execution by the Local Governing Body of Clayton County and the Authority and shall thereupon constitute an obligation on the part of Clayton County within the meaning of Section 24(i) of this Act."
Section 3. Said Act is further amended by adding at the end of Section 24 a new subsection (1) to read as follows:
"(1) Subject to the conditions hereinafter provided in this subsection, the Local Governing Body of Clayton County is hereby authorized to create a special service district to be known as the Clayton County-Atlanta Airport Public Transportation District, which District shall encompass that area in Clayton County now or hereafter owned or controlled by the City of Atlanta for airport purposes (A) which is now or hereafter used by the Authority or which the Authority has the right to use for a Transportation Project or (B) which is now or hereafter used for a Public Airport Passenger Terminal. Said District may provide for public transportation services and for the construction, maintenance and opera120-2

3834 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion of a Transportation Project to and from and within said District, and the Local Governing Body of Clayton County, subject to the conditions hereinafter provided in this subsection, is hereby authorized to enter into contracts for and on behalf of said District with the Authority for the provision of the aforesaid services and System to and from and within said District. As a condition precedent to the Local Governing Body of Clayton County exercising any power pursuant to this subsection, the Rapid Transit Contract and Assistance Agreement by and between the Authority, the Counties of Fulton and DeKalb, and the City of Atlanta, dated September 1, 1971, as amended, must first be amended to provide that any rapid transit contract between Clayton County on behalf of the entire county and the Authority which requires Clayton County to levy the sales and use tax authorized by this Act throughout its territorial limits shall also provide for the extension of the rapid transit system and project into Clayton County to provide rapid transit services within Clayton County on substantially the same basis that such services are provided or will be provided within Fulton and DeKalb counties, without the necessity of any payment being made by Clayton County other than the proceeds of the sales and use tax levied throughout its territorial limits."
Section 4. Said Act is further amended by adding immediately after the first sentence of subsection (a) of Section 25, and before the second sentence, the following:
"Provided, in the event Clayton County acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(1) of this Act and the Authority enter into a rapid transit contract pursuant to Section 24 of this Act, said retail sales and use tax shall be levied only within the geographical area contained within said District."
Section 5. Said Act is further amended by striking from the next to last sentence of subsection (a) of Section 25, the following:
"governed by any of the local governments imposing the tax,",
and by inserting in lieu thereof the following:
"in which the tax is imposed,",

GEORGIA LAWS 1980 SESSION

3835

so that when amended by the immediately preceding Section 4 and this Section 5, Section 25(a) shall read as follows: .
"(a) Authority to Tax. Each of the local governing bodies of those local governments referred to and defined in Section 2 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. Laws 1965, p. 2243), as amended, which shall hereafter pursuant to the provisions of said Act enter into a rapid transit contract with the Metropolitan Atlanta Rapid Transit Authority that has become final and binding upon its local government by compliance with the provisions of Section 24 of said Act and approval of the voters as therein required, shall be authorized to levy a retail sales and use tax upon the retail purchase, retail sale, rental, storage, use or consumption of tangible personal property, and the services described and set forth in Ga. Laws 1951, p. 360, as amended, on sales, uses and services rendered, in the geographical area governed by such local government. Provided, in the event Clayton County acting for and on behalf of the Clayton County-Atlanta Airport Public Transportation District that may be created in accordance with Section 24(1) of this Act and the Authority enter into a rapid transit contract pursuant to Section 24 of this Act, said retail sales and use tax shall be levied only within the geographical area contained within said District. Provided, however, the tax herein authorized shall not be levied by any local government unless the same is also levied in the geographical areas of Fulton and DeKalb Counties. The tax imposed shall correspond, so far as practicable, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, and as it may be from time to time amended. Provided, however, that no tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area in which the tax is imposed, regardless of the point at which title passes, if such delivery is made by the seller's vehicle, U.S. mail, common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. Provided further that the tax authorized to be levied herein shall apply, any law to the contrary notwithstanding, to the retail sale, rental, storage, use, or consumption of motor fuel as the term `motor fuel' is defined by Code Section 92-1402 or, after January 1, 1980, by Code Section 91A-5002."

3836 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.
This 13th day of December, 1979.
John W. Greer Representative, 43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 27, 1979, January 2, 1980, January 9, 1980.
Isl John W. Greer Representative, 43rd District

GEORGIA LAWS 1980 SESSION

3837

Sworn to and subscribed before me, this 21st day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 19, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

This 13th day of December, 1979.

John W. Greer Representative, 43 rd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Home Weekly which is the official organ of Gwinnett County, on the following dates: January 2,9, 16, 1980.

Isl John W. Greer Representative, 43rd District

3838 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 21st day of January, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

This 13th day of December, 1979.

Georgia, Fulton County.

John W. Greer Representative, 43rd District

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in Decatur-DeKalb News/Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.

Isi John W. Greer Representative, 43rd District

GEORGIA LAWS 1980 SESSION

3839

Sworn to and subscribed before me, this 21st day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended, to repeal conflicting laws; and for other purposes.

This 13th day of December, 1979.

John W. Greer Representative, 43rd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates:
December 21, 1979, December 28, 1979, January 4, 1980.

Isl John W. Greer Representative, 43 rd District

3840 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 21st day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.
This 13th day of December, 1979.
John W. Greer Representative, 43rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates; December 25, 1979, January 1, 1980, January 8, 1980.
Isl John W. Greer Representative, 43rd District

GEORGIA LAWS 1980 SESSION

3841

Sworn to and subscribed before me, this 21st day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

RICHMOND COUNTY - BOARD OF EDUCATION, REFERENDUM.
No. 1154 (House Bill No. 1292).
AN ACT
To amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for biennial elections for purposes of selecting members of the Board of Education; to change the terms of office of certain current members of the Board; to provide for editorial revision; to provide for other matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section I. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. Laws 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws

3842 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1974, p. 2545), an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), is hereby amended by striking Section I thereof in its entirety and substituting in lieu thereof a new Section I to read as follows:
"Section 1. Richmond County, a single school district, composition and method of election of the Board of Education, (a) The County of Richmond shall be a single school district and shall be confined to the management and control of an elected Board of Education.
(b) The members of the Board of Education shall be bona fide residents of the districts or combinations thereof, for which they are a candidate for a period of at least one year and shall also be a bona fide resident of Richmond County for a period of not less than two years preceding their election. They shall be eligible to vote in the election for which they are a candidate and shall be elected by the qualified voters in the County of Richmond voting by district or combinations thereof, as hereafter set out. The election for members of the Board of Education shall be held on the first Tuesday after the first Monday in November in each even-numbered year once biennial elections have been phased in as herein provided. At least fifty (50) days prior to the date of said election, every person hereinafter intending to become a candidate for membership on the Board of Education shall file, in the office of the Board of Elections of Richmond County with an employee of said office, a declaration of said intentions, stating in addition the district or combination thereof he is a candidate to represent.
(c) Each candidate for the Board of Education shall pay a $100.00 qualifying fee with the Board of Elections upon the date that he files his notice of candidacy. A written acknowledgement of the receipt of such declaration from the Board of Elections shall always be evidence of its filing. In the event not more than one such notice or declaration of intention is filed in respect to any position, the person filing shall automatically become the board member from such district or combinations thereof for the next ensuing term as fixed by law; and no election shall be held for such post or district. In the event no notices or declarations are filed by a candidate to become a member of the Board from any district or combinations thereof; the Board of Education shall fill such vacancy by a majority vote of members present at a special meeting of the Board called for that purpose. When more than one candidate to become

GEORGIA LAWS 1980 SESSION

3843

a member of the Board of Education files from a particular district or combinations thereof an election shall be held. The Board of Elections of Richmond County shall certify the unopposed candidates and, based upon this certification, the Secretary of State is authorized to issue commissions to such unopposed candidates.
(d) Except as otherwise provided in this section, each member of the Board of Education shall serve a term of four year and until the election and qualification of his successor. Each term shall begin the first day of January immediately following the election of the member.
(e) The Board of Education shall consist of sixteen (16) members. There shall be one member elected or appointed for each of the following districts or combinations thereof (said combinations of districts being sometimes referred to herein as post(s) at large posts.)
Said district posts and at large posts described below, utilizing 1970 census figures and census tract maps shall be as follows:
SCHOOL BOARD DISTRICT I
CT 3 ED'S 42, 43, 44 & 45
CT 4 ED'S 50, 51 & 52
CT 6 ED'S 53, 54, 55, 56, 57 & 58
CT 7 ED'S 59, 60, 61 & 62
CT 8 ED'S 46, 47, 48 & 49
CT 9 ED'S 63, 64, 65, 66, 67, 68 & 69
CT 10 ED'S 37, 38, 39, 40 & 41
CT 13 ED'S 81, 82 & 83
CT 14 ED'S 77, 78, 79 & 80
CT 103 ED 104
CT 15

3844 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ED'S 70, 71, 72, *73 & 74 * That portion of ED 73 lying South of Glass Factory Avenue and being bounded West by Savannah Road, East by the Georgia-Florida Railroad and South by Augusta City Limit Line. (It is estimated that no residents are in this portion of ED 73)
Total 1970 35,121 1978 29,617
SCHOOL BOARD DISTRICT II
CT 14 ED 76
CT 15 ED *73 & 75 * That portion of ED 73 being bounded North by 15th Street, East by Savannah Road, West by City Limit Line and South by City Limit Line and presently known as Southside Terrace Project.
CT 103 ED'S 105, 106, 107, 108 & 109
CT 104 ED'S 97, 98, 99, 100, 101, 102 & 103
CT 105.1 ED'S 136 & 137
CT 105.2 ED'S 119, *120, 121, 122 & 123 * That portion of ED 120 lying West of Highway #1 (Deans Bridge Road).
CT 106 ED'S 90, 91, 92, 93, 94, 95 & 96
Total 1970 26,701 1978 29,285
SCHOOL BOARD DISTRICT III
CT 1 ED'S 27, 28, 29, 30 & 31
CT 2 ED'S 22, 23, 24, 25 & 26
CT 11

GEORGIA LAWS 1980 SESSION

3845

ED'S 34 & 36 CT 12
ED 89 CT 101
ED'S 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & *11 * That portion of ED 11 lying North and Northeast of Bobby Jones Expressway
CT 102 ED'S *12 & 13 * That portion of ED 12 lying North of Wheeler Road. * That portion of ED 13 lying East of Crane Creek
Total 1970 23,308 1978 30,941
SCHOOL BOARD DISTRICT IV
CT 11 ED 35
CT 12 ED'S 85, 86, 87 & 88
CT 13 ED'S 84
CT 16 ED'S 32 & 33
CT 101 ED *11 * That portion of ED 11 lying Southwest of Bobby Jones Expressway.
CT 102 ED'S *12, *13, 14, 15, 16, 17, 18, 19, 20 & 21 * That portion of ED 12 lying West of Rae's Creek. * That portion of ED 13 extending South from Crane Creek.
CT 103 ED 110
CT 105.1 ED'S 133, 134 & 135
CT 107 ED *141

3846 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
* That portion of ED 141 that extends West of Highway #1 (Deans Bridge Road) and bounded South by Barton Chapel Road.
CT 108 ED *139 * That portion of ED 139 from Butler Creek South to 4th Avenue (Ft. Gordon Military Reservation).
Total 1970 26,920 1978 31,471
SCHOOL BOARD DISTRICT V
CT 105.2 *120, 124, 125 & 127 * That portion of ED 120 lying East of Highway #1 (Deans Bridge Road).
CT 105.1 ED 138
CT 107 ED'S *141 & *142 * That portion of ED 141 lying West of Highway #25 (Peach Orchard Road) between Highway #1 and Highway #25. * That portion of ED 142 lying West of Highway #25 (Peach Orchard Road), between Highway #1 and Highway #25.
CT 109 ED'S 143, 144, *146 & 147 * That portion of ED 146 lying West of Highway #25 (Peach Orchard Road).
CT 108 ED'S *139 & 140 * That portion of ED 139 lying South of 4th Avenue (Ft. Gordon Military Reservation) and extending to Richmond County Line.
Total 1970 28,307 1978 35,224

GEORGIA LAWS 1980 SESSION

3847

SCHOOL BOARD DISTRICT VI
CT 105.2 ED'S 128, 129, 130, 131 & 132
CT 105.3 ED'S 111, 112, 113, 114, 115, 116, 117 & 118
CT 107 ED'S 141 & *142 * That portion of ED 141 lying East of Highway #25 (Peach Orchard Road) between Highway #25 #25 and Central of Georgia Railroad. * That portion of ED 142 lying East of Highway #25 (Peach Orchard Road).
CT 109 ED'S 145 & *146 * That portion of ED 146 lying East of Highway #25 (Peach Orchard Road).
Total 1970 22,180 1978 30,845
(f) The district and at large posts from which candidates shall run for the Board of Education shall be as listed below: (reference being made in the parenthetical material in each of the following lists as to the old district being replaced by the districts hereinafter set out):
District 1, district wide, Post # 1 (Old 3rd Ward)
District 1, district wide, Post #2 (old 2nd Ward)
District 2, district wide, Post # 1 (Old 4th Ward)
District 2, district wide, Post #2 (Old 119th District)
District 3, district wide, Post #1 (Old 5th Ward)
District 3, district wide, Post #2 (Old 8th Ward)
At Large, Districts 1,2 & 3, Post # 1, (Old 1st Ward)
At Large, Districts 1,2 & 3, Post #2, (Old 7th Ward)

3848 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 4, district wide, Post # 1 (Old 1269th District)
District 4, district wide, Post #2 (Old 6th Ward)
District 5, district wide, Post #1 (Old 1434th District)
District 5, district wide, Post #2 (Old 1760th District)
District 6, district wide, Post # 1 (Old 124th District)
District 6, district wide, Post #2 (Old 1660th District)
At Large, Districts 4, 5 & 6 Post # 1 (Old 123rd District)
At Large, Districts 4, 5 & 6 Post #2 (Old 121 st District)
(g) (1) At the election which was held on the first Tuesday after the first Monday in November, 1979, five (5) members of the Board were elected, one each to represent District 3, Post #1 (Old 5th Ward), District 4, Post #4 (Old 1269th), District 4, Post #2 (Old 6th Ward), District 5, Post #1 (Old 1434th) and District 6, Post # 1 (Old 123rd).
Such members so elected in 1979 shall serve an initial term of five (5) years which shall expire on December 31, 1984. The next election for these posts shall be on the first Tuesday after the first Monday in November, 1984, and in every fourth year thereafter.
(2) At the election to be held on the first Tuesday after the first Monday in November, 1980, four members of the Board shall be elected, one each to represent District 1, Post 1 (Old 3rd Ward), District 2, Post 1 (Old 4th Ward), District 3, Post 2 (Old 8th Ward), and At Large District 4, 5 and 6, Post 1 (Old 123rd), and shall serve an initial term of six (6) years which shall expire on December 31, 1986. When the candidates for these Posts come up for election on the first Tuesday after the first Monday in November, 1986, and thereafter, their term shall be for four (4) years.
(3) At the election to be held on the first Tuesday after the first Monday inn November, 1981, four (4) members of the

GEORGIA LAWS 1980 SESSION

3849

Board shall be elected, one each to represent: At Large, Districts 1, 2 and 3, Post 1 (Old 1st Ward), District 1, Post 2, (Old 2nd Ward), District 2, Post 2 (Old 119th DGM) and At Large, District 4, 5, and 6, Post 2 (Old 123rd) and shall serve an initial term of five (5) years which shall expire on December 31, 1986. When the candidates for these posts come up for election on the first Tuesday after the first Monday in November, 1986, and thereafter, their term shall be for four (4) years.
(4) At the election to be held on the first Tuesday after the first Monday in November, 1982, three members of the Board shall be elected, one each to represent At Large, Districts 1, 2 and 3, Post 2 (Old 7th Ward), District 6, Post 2 (Old 1660th) and District 5, Post 2 (Old 1760th District), and shall serve an initial term of six (6) years which shall expire on December 31, 1988. When the candidates for these three (3) posts come up for election on the first Tuesday after the first Monday in November, 1988, and thereafter, their term shall be for four (4) years.
(5) The members of the Board in office on the effective date of this section shall remain in office until the election and qualification of their successors as provided in this section. Vacancies, except those arising from expiration of terms, shall be filled by election at the next succeeding election held for the purpose of electing members of the County Board of Education of Richmond County, Georgia, and shall be for the unexpired portion of the term caused by said vacancy, provided said vacancy occurs at least fifty (50) days prior to the date set for the election, including the day on which the vacancy occurs, and provided further that if the vacancy occurs at least fifty (50) days prior to the date of the election the candidates shall be allowed not less than ten (10) days to qualify. If the vacancy occurs less than fifty (50) days prior to the date of the election, the vacancy shall not be filled until the next succeeding election held for that purpose; provided further that all such candidates shall have no less than ten (10) days to qualify.
(6) Should there ever occur on the Board as many as four (4) vacancies at one time, a special election shall be conducted in the same manner as other elections for members of the Board and shall be called not later than 45 days after the vacancies occur. Any candidates desiring to qualify in the special election

3850 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provided for in this paragraph to fill a vacancy shall have the resident requirements provided for in this section and the candidates shall qualify and run for election as provided for in this Act."
Section 2. Not less than 30 nor more than 45 days or after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Richmond County to issue the call for an election for the purpose of submitting this Act to the electors of the Richmond County School District for approval or rejection. The superintendent shall set the date of such election for the day of the presidential preference primary to be held in this state in 1980. 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 Richmond County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act providing for election of half the [ t| NO Richmond County Board of Education every two years be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Richmond County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to

GEORGIA LAWS 1980 SESSION

3851

amend an Act entitled "An Act to Regulate Public Instruction in the County of Richmond", approved August 23, 1872 (Ga. Laws 1872,
P. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1435), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2545), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3990), so as to provide for biennial elections for purposes of selecting members of the Board of Education; to change the terms of office of certain current members of the Board; to provide for editorial revision; to provide for other matters relative to the foregoing, to repeal conflicting laws, and for other similar purposes.

This 28th day of December, 1979.

Leonard O. Fletcher, Jr., Attorney for County Board of Education of Richmond County

Georgia, Richmond County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the following dates: January 2, 9 and 16, 1980.
As provided by law.

Isl William S. Morris, III Publisher

3852 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of January, 1980.
Is/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal).
Approved March 25, 1980.
ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CERTAIN CITIES AMENDED (300,000 OR MORE).
No. 1156 (House Bill No. 1324).
AN ACT
To amend the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof, particularly as amended by Acts approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), so as to reenact a provision relating to refunds, which provision was inadvertently repealed by Section 3(u) of said Ga. Laws 1978, p. 4546; to provide that said refunds shall be subject to withholding or deduction under certain circumstances; and as amended particularly by the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3625), relating to credit for prior service, so as to make technical changes in and clarify said amendatory Act;

GEORGIA LAWS 1980 SESSION

3853

to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States decennial census of 1970, or any such future census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:
Section 1. Section 1 of the amendment to said Act, approved April 4, 1978 (Ga. Laws 1978, pp. 4546, et seq.), is hereby amended by adding thereto, a new subsection (S), which shall provide as follows:
"(S) Any employee participating in the provisions of the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), or of the several Acts amendatory thereof, who leaves the employ of such municipality prior to retirement shall be entitled to a refund of all monies paid into such fund by said employee; provided, however, that such refunds shall be subject to withholding or deduction for any debts or amounts due to such municipality by such exemployee."
Section 2. Quoted subsection (J)(l) of Section 1 of the amendatory Act approved April 11, 1979 (Ga. Laws 1979, p. 3625), is hereby amended by striking said subsection in its entirety and substituting in lieu thereof a new quoted subsection (J)(l) to read as follows:
"(J) (1) Credit for previous city service, contributions, payment. Any officer or employee claiming previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be eligible for previous service credit immediately upon filing application for same, and upon payment of the contribution in accordance with the provisions set forth in subsection (I) of the 1978 Pension Act Amendment (Ga. Laws 1978, pp. 4546, 4553); provided, however, the penalty

3854 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
provision of said subsection (I) shall be applicable only to such officers or employees who failed to elect enrollment under said 1978 Pension Act Amendment prior to July 1, 1979, and who terminated employment subsequent to April 1, 1978. The total amount of such required contributions shall be increased by a sum equal to the amount paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination to the date of filing of the application. The total amount of such required contributions, less a sum equal to the amount previously paid into the pension fund by a regular officer or employee and withdrawn upon termination of employment, shall be increased by an amount equal to such required contributions, less the said amount withdrawn multiplied by an interest factor of seven percent (7%) per annum compounded from the date of termination or July 1, 1979, whichever is later to the date of application. The total amount of such required contribution shall be decreased by the amount previously paid into the pension fund by a regular officer or employee and not withdrawn upon termination of employment plus an amount equal to seven percent (7%) per annum compounded of such amount not withdrawn from the date of termination to the date of filing of the application. As to credit for part-time or temporary service with the city, such previous service credit shall be on the basis of one day for each day worked by such person as a temporary employee or on a part-time basis, except that the required contribution shall be based upon the gross salary of such person at the time of filing of the application for previous service credit. The payment of the contributions of previous service credit for previous employment as a regular, temporary, or part-time employee of the city may be paid upon the filing of the application for such credit or such officer or employee shall have a period of sixty (60) months from the date of filing the application in which to pay such contributions, provided, however, the total amount of such contribution shall bear interest at seven percent (7%) per annum on the unpaid balance.
The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts

GEORGIA LAWS 1980 SESSION

3855

not paid within the above specified period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

STATE COURT OF FULTON COUNTY -- FILLING OF VACANCIES.
No. 1164 (House Bill No. 1503).
AN ACT
To provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. It is hereby enacted by the authority aforesaid pursuant to Article VI, Section I, Paragraph I of the Constitution of the State of Georgia, Section 6 of an Act approved March 24, 1976 (Ga. Laws 1976, p. 3023), is hereby amended so as to provide a uniform method of filling vacancies in the offices of Judge and Solicitor General of the State Court of Fulton County.
Section 2. It is hereby enacted by the authority aforesaid that from and after the passage of this Act, Section 6 of the Act approved March 24, 1976 (Ga. Laws 1976, p. 3023) be and the same is hereby amended by adding a new subsection (d) of Section 6 to read as follows;

3856 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(d) In the event of a vacancy arising in the office of Judge or Solicitor General of the State Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office."
Section 3. Be it further enacted by the authority aforesaid that Section 1 of an Act approved April 28, 1969 (Ga. Laws 1969, pp. 3944, 3946), which provided that a person appointed by the Governor to fill a vacancy in the office of Judge or Solicitor of the Criminal Court of Fulton County shall serve until the next general election or if the term expires within 60 days of the next general election, then for that unexpired term is hereby amended by striking in its entirety its amendment to Section 6 and substituting in lieu thereof a new Section 6 to read as follows:
"Section 6. In the event of a vacancy arising in the office of Judge or Solicitor General of the Criminal Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an act approved 2-24-76 creating the State Court of Fulton County (Ga. L. 1976, p. 3023), as amended; and for other purposes.

GEORGIA LAWS 1980 SESSION

3857

This 10th day of January, 1980.
John Tye Ferguson Associate County Attorney Fulton County

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael C. Nichols who, on oath, deposes and says that he/she is Representative from the 27th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 11, 18, 25, 1980.

Is/ Michael C. Nichols Representative, 27th District

Sworn to and subscribed before me, this 28th day of January, 1980.

Isl Elizabeth Ann Johnson
Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

3858 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ACT CREATING PURCHASING DEPARTMENTS IN CERTAIN COUNTIES AMENDED (200,000 OR MORE) (550,000 OR MORE).
No. 1165 (House Bill No. 1507).
AN ACT
To amend an Act creating and establishing a Purchasing Department in certain counties of this State, approved March 27, 1941 (Ga. Laws 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1147), so as to change the counties to which such Act is applicable; to change the procedures relative to emergency purchases; to change the provisions relative to purchases without competitive bids; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Purchasing Department in certain counties of this State, approved March 27, 1941 (Ga. Laws 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. Laws 1975, p. 1147), is hereby amended by striking from Section 1 the words and figures "two hundred thousand or more according to the United States Census of 1940" and inserting in lieu thereof the words and figures "five hundred fifty thousand or more according to the United States Census of 1970", so that when so amended Section 1 shall read as follows:
"Section 1. There is hereby created in each county in this State having a population of five hundred fifty thousand or more according to the United States Census of 1970, or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues, or other county authority."
Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. All supplies, materials and equipment shall be purchased or procured by the county purchasing agent, except those for

GEORGIA LAWS 1980 SESSION

3859

the use of the departments under the jurisdiction of the county Board of Education and county Board of Public Welfare; provided that in the event of an emergency requiring an immediate purchase involving an expenditure of less than One Hundred ($100.00) Dollars, and does in fact present an emergency requiring immediate purchase, the county manager may, in writing, authorize the immediate purchase of the same by the county purchasing agent, without receiving written bids therefor, but before purchasing, the purchasing agent shall canvass such number of dealers and suppliers as the exigency of the situation will permit and shall make the purchase at the lowest obtainable price."
Section 3. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows:
"Section 10. If the several parts of the work or labor to be done or the supplies, materials, and equipment to be furnished, or both, shall together involve an expenditure of more than One Thousand ($1,000.00) Dollars but less than Two Thousand Five Hundred ($2,500.00) Dollars, the same may be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulation as shall be made by the county authority; and, if the same shall involve an expenditure of more than Three Hundred ($300.00) Dollars but less than One Thousand ($1,000.00) Dollars, such bids need not be written but a record thereof shall be made by the agency procuring the same and filed in the office of the county purchasing agent. Purchases of Three Hundred ($300.00) Dollars or less may be made without competition."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 25, 1980.

3860 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWN OF LENOX - ELECTIONS.
No. 1166 (House Bill No. 1528).
AN ACT
To amend an Act creating and establishing a Charter for the Town of Lenox, approved December 12, 1901 (Ga. Laws 1901, p. 510), as amended, particularly by an Act approved March 9, 1959 (Ga. Laws 1959, p. 2563), so as to change the provisions relating to the election of the mayor and councilmen; to change the provisions relating to the term of office of the mayor; to change the method of electing councilmen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Charter for the Town of Lenox, approved December 12, 1901 (Ga. Laws 1901, p. 510), as amended, particularly by an Act approved July 30, 1927 (Ga. Laws 1927, p. 1279), and an Act approved March 9, 1959 (Ga. Laws 1959, p. 2563), is hereby amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4, to read as follows:
"Section 4. An election shall be held on the first Wednesday in December, 1980 and annually thereafter for the Town of Lenox. At the election to be held on the first Wednesday in December, 1980, a mayor shall be elected. The mayor so elected shall hold office for one year and until his successor is elected and qualified. At the election to be held on the first Wednesday in December, 1981, and biennially thereafter, a mayor shall be elected. The mayor so elected shall hold office for a term of two years and until his successor is elected and qualified. For the purpose of electing councilmen, there are hereby created five council posts to be designated Post #1, Post #2, Post #3, Post #4 and Post #5. At the election to be held on the first Wednesday in December, 1980, a councilman shall be elected to represent Post #1, a councilman shall be elected to represent Post #2, and a councilman shall be elected to represent Post #3. At the election to be held on the first Wednesday in December, 1981, two councilmen shall be elected. One of such councilmen shall be elected to represent Post #4 and one of such councilmen shall be elected

GEORGIA LAWS 1980 SESSION

3861

to represent Post #5. All councilmen shall hold their respective offices for a term of two years from the date of their election or until their respective successors are elected and qualified. The mayor and councilmen in office on April 1, 1980, shall continue to serve for the remainder of their respective terms to which they were elected. Councilmen may reside anywhere within the Town of Lenox but, at the time they qualify for election, they shall designate the post to which they seek election and shall be qualified to seek election to one post only. The voters of the entire Town of Lenox shall be eligible to vote for the office of mayor and for the office of councilman from each of the five council posts. The candidates receiving a majority of the votes cast for the office of mayor and for the office of councilman from each of the five council posts shall be elected. In the event that no person receives a majority of the votes cast for an office, a run-off election shall be held as provided in Code Title 34A, the Georgia Municipal Election Code, as the same may now or hereafter be amended. Said elections for mayor and councilmen shall be held in accordance with the provisions of Code Title 34A, the Georgia Municipal Election Code, as the same may now or hereafter be amended. The managers at all elections shall take and subscribe before any officer authorized to administer an oath and, in the absence of such officer, in the presence of each other, the following oath: `All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the Charter of said Town of Lenox to hold the same; that we will make just and true returns thereof, and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of said town, or knowingly prevent anyone from voting who is so entitled; and that we will not divulge for whom any vote was cast, unless called upon under the law to do so, so help me God.' Within five days after said election, the managers shall issue to the newly elected mayor and councilmen a certificate of election to each of the persons elected showing to what office said person was elected."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

3862 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1980 session of the General Assembly of Georgia a bill to amend an act creating and establishing a charter for the Town of Lenox, approved December 12, 1901, (Georgia Laws, Page 510), as amended for the purpose of changing the term of Mayor and the manner of election of Councilmen.
David Roy Hege Town Attorney Town of Lenox
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Adel News which is the official organ of Cook County, on the following dates: January 9, 16, 23, 1980.
Isl Henry Bostick Representative, 146th District

GEORGIA LAWS 1980 SESSION

3863

Sworn to and subscribed before me, this 29th day of January, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

CITY OF AUGUSTA - ELECTIONS.
No. 1167 (House Bill No. 1531).
AN ACT
To amend an Act chartering the City of Augusta, as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), and the Acts amendatory thereof approved February 8, 1955 (Ga. Laws 1955, p. 2120), and March 4, 1964 (Ga. Laws 1964, p. 2403), so as to provide that council members shall be elected by a majority of the votes cast; to provide for run-off elections where no candidate for councilman receives a majority of the votes cast; to provide for election by plurality in certain run-off elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act chartering the City of Augusta, as the "City Council of Augusta," approved January 31, 1798 (Marbury's Digest, p. 136), and the Acts amendatory thereof approved February 8, 1955 (Ga. Laws 1955, p. 2120), and March 4, 1964 (Ga.

3864 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Laws 1964, p. 2403), are hereby amended by striking from the last sentence of the section captioned "Ascertainment of election results," which section appears at Ga. Laws 1955, pp. 2136 and 2137, the following:
"plurality",
said word appearing on the twenty-fifth line from the top of page 2137, and inserting in lieu thereof the following:
"majority".
Section 2. Said Acts are further amended by striking in its entirety the section captioned "Run-off Election," which section appears at Ga. Laws 1964, p. 2404, and inserting in lieu thereof a new section to read as follows:
"Run-off Election: In the event that no person shall have received a majority of the consolidated votes cast in any election for the offices of mayor or councilman, the City Council of Augusta shall immediately call another election to be held not earlier than one week nor later than three weeks after the date of the regular election, and the two persons receiving the highest number of the consolidated votes cast for the offices of mayor or councilman in the regular election shall be determined to be the sole candidates in the run-off election.
In the event, however, that there are two persons who have the same number of consolidated votes for the second position, in determining those who received the highest number of the consolidated votes cast, then the three persons receiving the highest number of the consolidated votes cast shall be determined to be the sole candidates in the run-off election.
Such run-off election shall be governed by the same laws as those which governed the said election in which no candidate received a majority of the votes cast, however, in such run-off election, if there are more than two candidates, the person receiving the plurality of the consolidated votes cast therein shall be declared as having been elected."

GEORGIA LAWS 1980 SESSION

3865

Section 3. Said Acts are further amended by repealing in its entirety the section captioned "Ties in election of mayor," which section appears atGa. Laws 1955, p. 2137.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that Local Legislation will be introduced at the January-February 1980 Session of the General Assembly of Georgia to amend the Charter and Laws pertaining to the City Council of Augusta so as to require City-wide majority elections of City Council members.
Samuel F. MaGuire Attorney for the City Council of Augusta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 12, 19, 26, 1979.
/si Jack Connell Representative, 87th District
121--2

3866 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 29th day of January, 1980.
Is/ Lounell R. Jones Notary Public, Georgia State at Large. My Commission Expires March 27, 1982. (Seal).
Approved March 25, 1980.
DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1168 (House Bill No. 1590).
AN ACT
To amend an act creating the Downtown Marietta Development Authority approved April 10, 1971 (1971 Ga. Laws p. 3459), as amended; to amplify, expand and declare the purposes and objectives of the Act; to define certain terms; to provide for quorums; to provide for notice; to enlarge the Downtown Marietta District; to amplify, expand and declare the powers of the Authority; to provide for waiver of the right to compel levy of a tax; to provide for issuance of bonds, notes and other obligations of indebtedness of the Authority; to provide for the validation of bonds only; to provide that no interest rate limitations shall apply to bonds, notes or other obligations of the Authority; to provide for the replacement of lost, mutilated or destroyed bonds; to provide that such bonds may be secured by trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of the interest of bondholders; to exempt the bonds, notes and other obligations of indebtedness and the

GEORGIA LAWS 1980 SESSION

3867

income therefrom from taxation; to provide that such bonds shall be lawful investments for public officers and bodies, municipalities and municipal subdivisions, insurance companies, banks, savings and loan associations and others and may be used as lawful deposits of securities with all public officers and bodies of this State and all municipalities and municipal subdivisions; to amplify, expand and declare the purpose of the Authority; to provide that these amendments shall apply to all outstanding or authorized and unissued bonds, notes and other obligations, as well as all future bonds, notes and other obligations and to provide for ratification and approval of any and all bonds, notes or other obligations issued or validated prior to the effective date hereof; to provide that property of the Authority be deemed public property and tax exempt; to provide for severability; to provide that these amendments shall be effective upon approval by the Governor or upon becoming law without his approval; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
The Act creating the Downtown Marietta Development Authority approved April 10, 1971 (1971 Ga. Laws p. 3459), as amended, is hereby amended as follows:
SECTION A Section 1 of the Act as amended is hereby amended by adding thereto the following subsections:
"(a) The word "Act" shall mean the Act of the General Assembly approved April 10, 1971 (1971 Ga. Laws p. 3459), as now or hereafter amended.
(b) The word "Authority" shall mean the Downtown Marietta Development Authority created pursuant to the Act under and by virtue of an amendment (set forth as proposed in 1970 Ga. Laws p. 1109 and subsequently ratified and proclaimed) to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945 (now cited as Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976).
(c) The terms "cost of the project" or "cost of any project" shall be deemed to mean and shall include: All costs of acquisition (by purchase or otherwise), construction, installation, modification, renovation or rehabilitation of any project or any part of any pro-

3868 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ject; all costs of real or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses and certificates, the cost of securing any such franchises, permits, approvals, licenses or certificates and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment, furniture and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest which accrues or is paid prior to and during the period of construction of a project and for one year after the completion of construction thereof; all costs of engineering, architectural and legal services and all expenses incurred by engineers, architects and attorneys in connection with any project; all inspection expenses; all fees of fiscal agents, paying agents, trustees for bondholders under any trust agreement, indenture of trust or similar instrument, all expenses incurred by any such fiscal agents, paying agents and trustees and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes or other obligations for any project; all costs permitted under Section 7 of this Act; all expenses incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and other expenses of such loans; administrative expenses of the Authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the Authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust or similar instrument pursuant to the provisions of which the issuance of any revenue bonds, notes or other obligations of the Authority may be authorized. Any cost, obligation or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes or other obligations issued by the Authority. Notwithstanding the foregoing, in no event shall entertainment or promotional expense be considered part of the cost of any project.

GEORGIA LAWS 1980 SESSION

3869

(d) The word "project" shall be deemed to mean and shall include the acquisition, construction, installation, modification, renovation or rehabilitation of buildings, structures, facilities and other improvements located or to be located within the Downtown Marietta District, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture and other property of any nature whatsoever used in or in connection with any such building, structure or other improvement, all for the essential public purpose of the redevelopment of the Downtown Marietta District. A project may be for any industrial, commercial, business, office, public or other use, provided that a majority of the members of the Authority determine, by a resolution duly adopted, that the project and such use thereof would further the redevelopment of the Downtown Marietta District and the public purpose of this Act.
(e) The terms "revenue bonds" and "bonds" shall mean any bonds of the Authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds."
SECTION B Section 2 of the Act as amended is hereby amended by adding thereto a new subsection (e) as follows:
"(e) Any four members of the Authority shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any resolution of the Authority authorizing the issuance of revenue bonds, notes or other obligations for any project of the Authority must be approved by a majority vote of the members of the Authority."
Section 2 of the Act as amended is hereby amended by adding to subsection (b) of Section 2 of the Act as amended the following sentences:
"The due notice requirement herein may be met by giving written notice mailed to the last address shown, (1) for owners of property in the Downtown Marietta District on the ad valorem tax records of the City of Marietta for the preceding year, and (2) for owners of businesses in the Downtown Marietta District on the business license records of the City of Marietta for the preceding year, at least ten days prior to the caucus of the owner group given such

3870 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
notice, together with notice published once a week during the two calendar weeks immediately preceding said caucus in the newspaper in Cobb County in which sheriff's advertisements appear. One-third of the members of each owner group caucus shall constitute a quorum, and any action may be approved by a majority of those present and voting."
SECTION C Section 3 of the Act as amended is hereby further amended by adding thereto the following:
"Also, all that tract or parcel of land lying and being in Land Lot 1290 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
"Beginning at a point on the north line of Land Lot 1290, which point also lies at the southwest corner of the intersection of the right of way of Tramell Street and Powder Springs Street; thence running south 59 degrees 22 minutes east 45.0 feet along said southwest corner of that intersection to a point; thence running southerly along the western right of way of Powder Springs Street 172.2 feet to a point; thence running south 20 degrees 25 minutes west 24.5 feet along the northeast corner of the intersection of the rights of way of Reynolds Street and Powder Springs Street to a point; thence running south 88 degrees 41 minutes west 372.0 feet along the north right of way of Reynolds Street to a point; thence running south 81 degrees 36 minutes west 54.88 feet along said north right of way of Reynolds Street to a point; thence running north 00 degrees 26 minutes west 112.6 feet to a point; thence running south 89 degrees 52 minutes east 66.4 feet to a point; thence running north 89 degrees 30 minutes east 235.4 feet to a point; thence running north 00 degrees 00 minutes east 119.4 feet to a point on the south right of way of Tramell Street; thence running north 89 degrees 30 minutes east 71.4 feet along said south right of way of Tramell Street to a point, which point marks the point of beginning; being lots 30 and 31 in Part II Resubdivision of Southwest Urban Renewal Area GA R-16, as set forth on plat of survey recorded on January 17, 1973 in Plat Book 57, Page 53, Cobb County, Georgia Records, together with that property lying between the foregoing and the center line of Powder Springs Street."
SECTION D Section 5 of the Act as amended is further amended by adding thereto the following subsections, which set

GEORGIA LAWS 1980 SESSION

3871

forth powers inherent in the powers previously granted to the Authority in furtherance of its corporate purposes:
"(13) To sue and to be sued.
(14) To adopt and amend a corporate seal.
(15) To make and execute contracts and other instruments necessary or convenient to exercise the powers of the Authority, including but not limited to contracts for construction of projects, leases of projects, contracts for sale of projects and contracts with respect to the use of projects;
(16) To finance (by loan, grant or lease), construct, erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes or other obligations of the Authority or any other funds of the Authority, or from any contribution or loans by persons, corporations, partnerships (limited or general) or other entities, all of which the Authority is hereby authorized to receive and accept and use;
(17) To borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other instruments as may be necessary or desirable, in the judgment of the Authority, to evidence and secure such borrowing;
(18) To issue revenue bonds, notes or other obligations of the Authority and use the proceeds thereof for the purpose of paying, or loaning the proceeds thereof to pay, all or any part of the cost of any project and otherwise to further or carry out the public purpose of the Authority and to pay all costs of the Authority incident to, or necessary and appropriate to, furthering or carrying out such purposes;
(19) To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other

3872 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
financial assistance in furtherance of the Authority's public purpose and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county or municipal government or agency or other source;
(20) To enter into agreements with the federal government or any agency thereof to use in the performance of the Authority's functions the facilities or the services of the federal government or any agency thereof in order to further or carry out the public purpose of the Authority;
(21) To contract for any period not exceeding fifty (50) years with the State of Georgia, State institutions or any city, town, municipality or county of the State for the use by the Authority of any facilities or services of the State or any such State institution, city, town, municipality or county, or for the use by any State institution or any city, town, municipality or county of any facilities or services of the Authority, provided such contracts shall deal with such activities and transactions as the Authority and any such subdivision with which the Authority contracts are by law authorized to undertake;
(22) To extend credit or make loans to any person, corporation, partnership (limited or general) or other entity for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments and such other instruments, or by rentals, revenues, fees or charges, upon such terms and conditions as the Authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the Authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance and financing of a project, and such other terms and conditions, as the Authority may deem necessary or desirable;
(23) As security for repayment of any revenue bonds, notes or other obligations of the Authority, to pledge, mortgage, convey,

GEORGIA LAWS 1980 SESSION

3873

assign, hypothecate or otherwise encumber any property, real or personal, of the Authority and to execute any lease, trust indenture, trust agreement, agreement for the sale of the Authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment or other instrument as may be necessary or desirable, in the judgment of the Authority, to secure any such revenue bonds, notes or other obligations, which instrument may provide for foreclosure or forced sale of any property of the Authority upon default in any obligation of the Authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument (the State of Georgia on behalf of itself and each county, municipal corporation, political subdivision or taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority upon such default and agrees that any instrument encumbering such property may be foreclosed in accordance with law and the terms thereof);
(24) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the Constitution and laws of the State of Georgia; and
(25) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. The powers enumerated in each paragraph of this Section are cumulative with and in addition to those enumerated in the other paragraphs of this Section, and no such power limits or restricts any other such power."
SECTION E Section 6 of the Act as amended is hereby amended by updating the reference therein to a provision in the Constitution of the State of Georgia of 1945 and by inserting certain phrases and by deleting the period and inserting a semicolon at the end of the last sentence thereof and adding the following proviso immediately following such semicolon:
"provided, however, that any resolution of the Authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture or similar agreement approved by the Authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the Authority may not and shall not levy

3874 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture or similar agreement or interest thereon."
As hereby amended, Section 6 of the Act as amended shall read in its entirety as follows:
"Section 6. the revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Marietta or the Downtown Marietta Development Authority within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945 (Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976), nor a pledge of the faith and credit of said City or said Authority nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to compel the Authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon; provided, however, that any resolution of the Authority authorizing the issuance of revenue bonds or any trust agreement, trust indenture or similar agreement approved by the Authority may provide that no bondholder shall have any such right to compel levy of a tax, and, in that event, the Authority may not and shall not levy any tax to pay the bonds which are the subject of any such resolution, trust agreement, trust indenture or similar agreement or interest thereon."
SECTION F Section 7 of the Act as amended is hereby amended by deleting Section 7 as it presently exists in its entirety and inserting the following in lieu thereof as Section 7:
"Section 7. The Authority is hereby authorized to issue bonds, revenue bonds, notes or other obligations from time to time, to carry out the purposes of this Act. Revenue bonds, notes or other obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such bonds, revenue bonds, notes or other obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any project for which bonds, revenue bonds, notes or

GEORGIA LAWS 1980 SESSION

3875

other obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any bonds, revenue bonds, notes or other obligations through the period of construction and for six months after such construction and such bonds, revenue bonds, notes or other obligations shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rates or rates and may be in such denominations and may carry such registration privileges and may be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds, revenue bonds, notes or other obligations may provide. Bonds, revenue bonds, notes or other obligations and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds, revenue bonds, notes or other obligations shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of bonds, revenue bonds, notes or other obligations and to create and maintain a reserve for that purpose. Revenue bonds, but not notes, or other obligations, issued by said Authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (1937 Ga. laws p. 761), as amended. There shall be no limitation upon the amount of revenue bonds, notes or other obligations which the Authority may issue. The interest rate or rates on or to be borne by any bonds, revenue bonds, notes or other obligations issued by the Authority shall be determined by the members of the Authority, and any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (1937 Ga. Laws p. 761), as amended, the usury laws of the State of Georgia or any other laws of the State of Georgia shall not apply to bonds, revenue bonds, notes or other obligations of the Authority issued pursuant to this Act. The members of the Authority shall constitute the `governing body' as that term is used herein."
SECTION G The Act as amended is hereby further amended by deleting Section 8 thereof and adding the following sections:

3876 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 8. For purposes of validation of revenue bonds as provided under the Revenue Bond Law (1937 Ga. Laws p. 761), as amended, the Authority shall be considered to be located in the City of Marietta, Cobb County, Georgia."
"Section 9. The Authority may provide for the replacement of any Bonds issued by it which shall be lost, mutilated or destroyed."
"Section 10. In the discretion of the Authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the Authority and a trustee, which may be any trust company, any bank having the powers of a trust company within or outside the State, any national banking association organized under the laws of the United States, or an individual. Such trust indenture may pledge or assign fees, tolls, revenues, rents, receipts, earnings or other funds to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, either real or personal. The resolution providing for the issuance of such bonds or the trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may prescribe the procedure by which bondholders may enforce their rights. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such trustee or bondholders, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this State or any national banking association organized under the laws of the United States to act as such depository and to furnish such security as may be required by the Authority. All expenses incurred in connection with any such resolution or trust indenture may be treated as operating expenses of the Authority. This Section is illustrative and does not limit the types of instruments which may secure or provide for any issue of bonds or the terms and provisions which any resolution adopted by the Authority or any instrument executed by the Authority may contain. Any resolution adopted by the Authority or any indenture of trust, trust agreement, or other instrument executed by

GEORGIA LAWS 1980 SESSION

3877

the Authority may contain such terms and provisions as the Authority shall approve. Such approval of the Authority shall be conclusively established by the execution of any such resolution, indenture of trust, trust agreement or other instrument by the Chairman or Vice Chairman of the Authority and the attestation of such execution by the Secretary or any Assistant Secretary of the Authority. Nothing in this Section or this Act shall be construed to require, for any issue of revenue bonds, a trustee or a trust indenture, trust agreement or similar instrument."
i- "Section 11. In addition to and not in limitation of other powers granted in this Act as to the issuance of revenue bonds and security for such bonds, the Authority shall have the power to enter into any financial and contractual arrangements which it deems appropriate with users or owners of projects in order to provide security to bondholders, and for such purposes it may also enter into joint agreements, arrangements or trust indentures with such users or owners and a trustee or trustees under any trust indenture in order that funds may be procured to accomplish the purposes of this Act."
"Section 12. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds."
"Section 13. All bonds of the Authority issued under the provisions of this Act are declared to be issued for an essential public purpose and the said bonds and the income therefrom shall at all times be exempt from taxation within the State."
"Section 14. Any bonds or revenue bonds issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other

3878 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds or revenue bonds of the Authority are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized."
"Section 15. The purpose of the Authority is the redevelopment of the Downtown Marietta District, which includes but is not limited to renovation and rehabiliation of existing buildings, structures and improvements and acquisition and construction of new buildings, structures and improvements located in the Downtown Marietta District, all for any commercial, business, office, public or other use determined by a majority of the members of the Authority to further the redevelopment of the Downtown Marietta District. The purpose of the Authority is hereby declared to be an essential and public purpose, promoting the public good and welfare and benefitting the citizens of the Downtown Marietta District and the City of Marietta. This Act shall be liberally construed to effect its purpose."
"Section 16. This Act shall apply to all outstanding or authorized and unissued bonds, notes and other obligations, as well as all future bonds, notes and other obligations. Any and all bonds, notes or other obligations of the Authority issued or validated prior to the effective date hereof are hereby ratified and approved."
"Section 17. It is hereby declared that all property of the Authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible and of any kind or nature and any income or revenue therefrom, is held for an essential public purpose, and all such property is deemed to be public property and tax exempt."
"Section 18. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or

GEORGIA LAWS 1980 SESSION

3879

unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional."
"Section 19. All laws and parts of laws in conflict with this Act are hereby repealed."
SECTION H. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION I. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
SECTION J. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act creating the Downtown Marietta Development Authority approved April 10, 1971 (Ga. Laws 1971, Page 3459) as heretofore amended, and for other purposes.
This 13th day of December, 1979.
Joe Mack Wilson Representative

3880 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 21, 1979, December 28, 1979, January 4, 1980.
Is/ Joe Mack Wilson Representative, 19th District
Sworn to and subscribed before me, this 1st day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
CITY OF RINGGOLD - CHARTER AMENDED. No. 1169 (House Bill No. 1645). AN ACT
To amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, P. 1503), as amended, particularly

GEORGIA LAWS 1980 SESSION

3881

an Act approved December 22, 1953 (Ga. L. 1953, NovemberDecember Sess. P. 2901), and an Act approved April 17, 1973 (Ga. L. 1973, P. 3276), and an Act approved March 19, 1974 (Ga. L. 1974, P. 2200), so as to change the corporate limits of the City of Ringgold; to change the provisions relating to the compensation of the Mayor and Aldermen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Ringgold approved March 15, 1943 (Ga. L. 1943, P. 1503) as amended, particularly an Act approved December 22, 1953 (Ga. L. 1953, NovemberDecember Sess. P. 2901), and an Act approved April 17, 1973, (Ga. L. 1973, P. 3276), and an Act approved March 19, 1974, (Ga. L. 1974, P. 2200), is amended by adding after Section 2C a new Section, to be designated Section 2D to read as follows:
"Section 2D. The corporate limits of the City of Ringgold, in addition to the territory designated in Section 2 (Section 2A, Section 2B and Section 2C) shall also include the property as described below:
TRACT #1:
All that tract or parcel of land lying and being in Original Land Lot No. 192, in the 28th District and 3rd Section of Catoosa County, Georgia, being more particularly described as follows:
BEGINNING at the Southernmost point of the present city limits and on the East line of U.S. Highway No. 41 and running South along the East line of Highway No. 41 to a point where the same is intersected by the South line of Clearview Drive (County Road No. 234) being all of the property owned by Joe B. Tucker, Lottie P. Nuckolls, Jarrett C. Pharr and Vernon Vaughn which lies between U.S. Highway No. 41 and the crest of White Oak Mountain; thence running North and being all of the property located East and West of Clearview Drive that is located in Clearview Heights Subdivision, and being lots nos. 15 through 20 and also an unnumbered lot owned by Mr. William Smith and wife, Gaye Smith, and also including all of the property located in McNew, Hicks and Green Subdivision and being all of lots 1 through 20 of said subdivision. (Reference Catoosa County Maps, 30, 30-1 and R-30C).

3882 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT #2:
All that tract or parcel of land lying and being in Original Land Lot No. 193 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at the Northwest corner of said Land Lot 193; thence North 88 degrees 40 minutes East, with and along the North original line of said land lot, a distance of 2080 feet to a point, said point being in the West line of that tract described in Warranty Deed from Lester Brown to J. T. Headrick and wife, Edith Headrick, dated April , 1977, and recorded in Deed Book 239, Page 203, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence with and along the West line of the last mentioned Headrick tract, the following courses and distances: South 51 degrees 32 minutes East, 260 feet; South 39 degrees 51 minutes East, 49.6 feet; thence South 24 degrees 16 minutes East, 49.85 feet; South 15 degrees 35 minutes East, 50 feet; thence South 3 degrees 59 minutes East, 49.8 feet; South 6 degrees 27 minutes West, 49.85 feet; South 12 degrees 43 minutes West, 49.9 feet to the Northwest corner of that tract described in Warranty Deed from Lester Brown to Claude Byers and wife, Carolyn Jo Byers, dated April 13, 1977, and recorded in Deed Book 239, page 102, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence South 17 degrees 33 minutes West, with and along the West line of the Byers tract, a distance of 110.65 feet to the Southwest corner thereof; thence South 16 degrees 04 minutes West, a distance of 137 feet to a point; thence South 24 degrees West, 119.2 feet to a point on the North right of way line of U.S. Highway No. 41; thence North 54 degrees 34 minutes West, with and along said North right of way line, a distance of 50 feet to a point, said point being the Southeast corner of that tract described in Warranty Deed from Lester Brown to David Richard Bryson and wife, Judy Darlene Bryson, dated May 28, 1976, and recorded in Deed Book 232, Page 90, in the office of the Clerk of the Superior Court of Catoosa County, Georgia; thence North 24 degrees East, 105 feet to the Northeast corner thereof; thence with and along the North line of said Bryson tract, the following courses and distances: North 53 degrees 53 minutes West, 119.3 feet; thence North 60 degrees 05 minutes West 110.3 feet; thence North 67 degrees 21 minutes West, 100 feet; North 73 degrees 33 minutes West, 90.4 feet to the Northwest corner thereof; thence South 24 degrees West, with and along the West line of said tract, a distance of 105 feet to a point in the North right of way line

GEORGIA LAWS 1980 SESSION

3883

of U.S. Highway No. 41; thence in a Westwardly direction, with and along said North right of way line, a distance of 378.82 feet, more or less, to a point in the West Original line of said land lot; thence North 1 degree 20 minutes West, with and along the West original line of said land lot, a distance of 1418 feet, more or less, to the point of Beginning.
TRACT #3:
All that tract or parcel of land lying and being in Original Land Lot No. 189 and 172 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as beginning at a point on the Northeast corner of Georgia Highway #2 and Georgia Highway #151; thence in an Easterly direction along the North side of Georgia Highway #2 for a distance of 528.3 feet to a point; thence continuing in a Northerly direction 922.6 feet to the center of Chickamauga Creek; thence continuing along the center of Chickamauga Creek 370 feet, more or less, to a point that intersects with Georgia Highway #151; thence continuing Southwardly in a direction along Georgia Highway #151, 750 feet, more or less, to the Point of Beginning.
TRACT#4
All that tract or parcel of land lying and being in Original Land Lot No. 189 in the 28th District and 3rd Section of Catoosa County, Georgia and being 14.78 acres, more or less, and being bound on the West by State Route No. 151; on the North by State Route No. 2; on the East by Anderson Cemetery; and on the South by Interstate Highway No. 75.
TRACT #5:
All that tract or parcel of land lying and being in Land Lots 172 and 189 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as BEGINNING at a point on the North line of Georgia Highway #2, which point is located 825 feet West of the Point of intersection of the North line of Georgia Highway 2 and the West line of Georgia Highway 151 and measured along the North line of Georgia Highway 2; thence in an Easterly direction along the North line of Georgia Highway 2 a distance of 825 feet to the Point of intersection of the North line of

3884 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia Highway 2 and the West line of Georgia Highway 151; thence North 24 degrees East along the West line of Georgia Highway 151 a distance of 305 feet; thence continuing along the West line of Georgia Highway 151 North 11 degrees East a distance of 400 feet to the point where the West line of Georgia Highway 151 intersects the center line of Chickamauga Creek; thence in a Westerly direction along the center of Chickamauga Creek a distance of 780 feet; thence in a Southerly direction a distance of 490 feet, more or less, to the Point of Beginning.
TRACT #6:
All that tract or parcel of land lying and being in Original Land Lots Nos. 172, 173, 188 and 189 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point in the West right of way line of Georgia Highway No. 151 where the same is intersected by the South right of way line of Georgia Highway No. 2; thence South 31 degrees 30 minutes West, with and along the West right of way line of Georgia Highway No. 151a distance of 852 feet to a point; thence South 76 degrees 48 minutes West a distance of 257.6 feet to a point; thence with and along a fence marking the North right of way line of Interstate Highway No. 75; the following courses and distances: North 85 degrees 15 minutes West, 828 feet; North 75 degrees 30 minutes West, 2,816 feet to a point in the East right of way line of Pollard Road; thence in a Northwardly direction, with and along the East right of way line of Pollard Road, a distance of 220.5 feet to a point in the South line of the property now or formerly owned by Mrs. Jesse C. Patty, said point being in the North Original line of Land Lot 188; thence North 89 degrees 0 minutes East, with and along said North original line and the South property line of the aforesaid Patty tract, a distance of 1,775 feet to a point marking the Southwest corner of the Ringgold Funeral Home property; thence in an Eastwardly direction, with and along the South line of the Ringgold Funeral Home property and the South line of property owned by Sarah Sue Stewart, a distance of 600 feet to a point; thence in a Northwardly direction, with and along the East line of the property of Sarah Sue Stewart, a distance of 329 feet, more or less, to a point in the South right of way line of Georgia Highway No. 2; thence in an Eastwardly direction, with and along the South right of way line of Georgia Highway No. 2, a distance of 1,601 feet, more or less, to the Point of Beginning.

GEORGIA LAWS 1980 SESSION

3885

TRACT #7:
All that tract or parcel of land lying and being in Original Land Lots Nos. 171, 172, 189 and 190, in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the South line of State Route No. 2 at the Northeast corner of a 14.7 acre tract of land owned by Richard Callaway, et al, the same being recently annexed into the City of Ringgold and running along the South line of said road in a Northeasterly direction to a point where said road intersects the South line of Chickamauga Creek; thence running in a Southeasterly direction along Chickamauga Creek to where South Chickamauga Creek intersects and following South Chickamauga Creek to the North line of Interstate Hwy. 75; thence West along the Interstate Hwy. 75 to a point where the Southeast corner of the 14.7 acre tract intersects said highway; thence North along the East line of said tract to the Point of Beginning.
TRACT #8:
All that tract or parcel of land lying and being in Original Land Lots Nos. 171, 172, 189 and 190, in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows:
BEGINNING at a point on the North or West line of State Rt. No. 2, where the same is intersected by the South line of Chickamauga Creek and running thence West along the South line of Chickamauga Creek to the East line of the Trimby property which was annexed into the City of Ringgold on 9th day of April, 1979; thence South along the recently annexed property to the North line of State Route No. 2; thence in a Northeasterly direction along the North line of said road to the Point of Beginning."
Section 2. Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new section to read as follows:
"Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the Mayor shall receive a salary not in excess of One

3886 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Hundred and Fifty Dollars ($150.00) per month. The Mayor Pro Tem, One Hundred Dollars ($100.00) per month and each of the Aldermen of said city may be paid compensation not in excess of Seventy Five Dollars ($75.00) per month for their services; provided, the salaries of the Mayor and Aldermen may be fixed and regulated by the Board of Aldermen at the beginning of each calendar year."
Section 3. All laws and parts of laws in conflict with the Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill so as to change or amend the Charter and Corporate Limits of the City of Ringgold.
To change compensation of the mayor and aldermen and for other purposes.
This the 31st day of December, 1979.
Robert G. Peters State Representative, Catoosa County
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 4 times,

GEORGIA LAWS 1980 SESSION

3887

on the issues dated, to-wit: January 10, 1980, January 17, 1980, January 24, 1980, January 31, 1980.

Isl J im Caldwell

Sworn to and subscribed before me, this the 28th day of January, 1980.

Isl Juanita Caldwell Notary, Public Georgia State at Large. My Commission Expires April 22, 1981. (Seal).

Approved March 25, 1980.

CLAYTON COUNTY - COMPENSATION OF NAMED COUNTY OFFICERS, ETC.
No. 1170 (House Bill No. 1657).
AN ACT
To amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2577), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3654), so as to change the compensation of said officers; to change the provisions relative to the compensation of the deputy clerk of the Superior Court; to provide an effective date; to repeal conflicting laws; and for other purposes.

3888 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, particularly by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2577), and by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3654), is hereby amended by striking from Section 1 the following:
"$23,375.00",
and inserting in lieu thereof the following:
"25,715.00",
so that when so amended Section 1 shall read as follows
"Section 1. The salaries for the officers herein named shall be their full and complete salary, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $25,715.00 per annum, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided herein, which is collected under the color of their offices shall be construed as county funds and shall be accounted for as such."
Section 2. Said Act is further amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows:
"Section 1A. (a) There is hereby created an office in Clayton County to be known as Deputy Clerk of the Superior Court, and the Clerk of the Superior Court of Clayton County is hereby authorized to appoint the Deputy Clerk of the Superior Court. The Deputy Clerk of the Superior Court shall serve at the pleasure of the Clerk of the Superior Court, and he may be removed from office by the Clerk of the Superior Court. The Deputy Clerk of the Superior Court shall have the same authority granted to clerks of superior courts by the laws of this State when acting on behalf and at the

GEORGIA LAWS 1980 SESSION

3889

direction of the Clerk of the Superior Court of Clayton County. The qualifications of the Deputy Clerk of the Superior Court shall be the same as those prescribed for the Clerk of the Superior Court, and he shall be required to take the same oath of office as the Clerk of the Superior Court after appointment and before assuming the duties of his office. The Deputy Clerk of the Superior Court shall not be subject to the provisions of the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as now or hereafter amended.
(b) The Deputy Clerk of the Superior Court shall receive, as compensation for his services, a salary to be fixed in the discretion of the Clerk of the Superior Court in an amount not to exceed $17,500.00 per annum, payable in equal monthly installments out of the funds of Clayton County."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910, as amended; and for other purposes.
This 15th day of January, 1980.
Rudolph Johnson Representative, 72nd District

3890 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Clayton County.
Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Jan. 15,22,29, 1980.
Is/ Jim Wood
Sworn to and subscribed before me, this 6th day of February, 1980.
Is/' Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982. (Seal).
Approved March 25, 1980.
STATE COURT OF CLAYTON COUNTY-COMPENSATION OF JUDGES AND SOLICITOR, ETC. No. 1171 (House Bill No. 1658). AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3838), so as to change the provisions relating to the compensation of the judges of said court; to change the provisions relative to the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3891

Be it enacted by the General Assembly of Georgia:
Section I. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3838); is hereby amended by striking from Section 3 the following:
"$31,800.00",
and inserting in lieu thereof the following:
"$34,980.00",
so that when so amended Section 3 shall read as follows:
"Section 3. Judges' Salaries. Each Judge of the State Court of Clayton County shall receive a salary of $34,980.00 per annum which shall be paid monthly by the Board of Commissioners of Clayton County. The Judges of the State Court of Clayton County shall receive no other compensation for serving as judges of said court, and they shall not engage in the private practice of law in any capacity during their tenure as judges of said court, and they shall not be eligible to hold any other public office while serving as judges of said court. The salary of each judge shall be paid out of the general funds of Clayton County."
Section 2. Said Act is further amended by'striking from Section 6 the words, symbols and figure "thirteen thousand two hundred fifty dollars ($13,250.00)" and inserting in lieu thereof the following:
"$15,000.00",
so that when so amended Section 6 shall read as follows:
"Section 6. Salary of Solicitor. The salary of the solicitor of said court shall be $15,000.00 per annum, and shall be paid monthly by the Board of Commissioners of Clayton County, Georgia, out of the general funds of Clayton County. The solicitor of said court shall, as such, receive no other compensation, and shall not practice criminal law in any court or courts in Clayton County, Georgia."

3892 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. Said Act is further amended by striking Section 10, which reads as follows:
"Section 10. Terms of Court. The terms of the Civil and Criminal Court of Clayton County shall be held on the second Monday of each and every month in the year and regular jury trials for civil and criminal cases shall be held on the second Monday in January, April, July and October of each year, except that the judge of said court shall have the power to provide for additional trials by juries in any month that he deems necessary, and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has.",
and inserting in lieu thereof a new section to read as follows:
"Section 10. Terms of Court. The terms of the State Court of Clayton County shall be held on the same dates now or hereafter provided for holding the terms of the Superior Court of Clayton County. The judge shall have the power to provide for additional trials by juries in any month that he deems necessary and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has."
Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended; and for other purposes.

GEORGIA LAWS 1980 SESSION

3893

This 15th day of January, 1980.

Rudolph Johnson Representative, 72nd District

Georgia, Clayton County.

Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Jan. 15,22,29, 1980.

/si Jim Wood

Sworn to and subscribed before me, this 6th day of February, 1980.

Isl Pat DesRochers Notary Public, Georgia, State at Large. My Commission Expires July 5, 1982. (Seal).

Approved March 25, 1980.

3894 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
STATE COURT OF COBB COUNTY [--E MAGISTRATE PRO HAC VICE.
No. 1172 (House Bill No. 1678).
AN ACT
To amend an Act creating an office of magistrate for the State Court of Cobb County, approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4506), so as to authorize the appointment of a magistrate pro hac vice; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating an office of magistrate for the State Court of Cobb County, approved March 19, 1974 (Ga. Laws 1974, p. 2212), as amended by an Act approved March 17, 1978 (Ga. Laws 1978, p. 4096) and an Act approved April 11, 1979 (Ga. Laws 1979, p. 4506), is hereby amended by adding a new section after Section 6, to be designated Section 6A, to read as follows:
"Section 6A. Magistrate pro hac vice. The magistrates may appoint some qualified person as a magistrate pro hac vice to discharge the duties of the magistrates temporarily when the services of a magistrate pro hac vice are required or when the magistrates are unable or disqualified to discharge the duties of their office. In the event the magistrates disagree as to the selection of a magistrate pro hac vice or any other matter respecting the magistrate pro hac vice, the magistrate senior in service shall make the decision unless he is the one unable or disqualified, in which case the remaining magistrate shall make the selection. When the appointment of such a person as magistrate pro hac vice, together with his oath, which shall be the same as is required of the magistrate, has been recorded in the office of the judge of the probate court of the county, such magistrate pro hac vice may exercise all the powers of the magistrate. His appointment may be vacated at any time by order of the magistrates to be likewise recorded, and any other competent person who is a resident of Cobb County may be appointed as magistrate pro hac vice as herein provided. The compensation of such magis-

GEORGIA LAWS 1980 SESSION

3895

trate pro hac vice shall be set by the magistrates and shall be paid from county funds."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga.L. 1964, p. 3211) and for other purposes.
This 4 day of Jan. 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he/she is Representative from the 20th District, and that

3896 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.
Isi Ken Nix Representative, 20th District
Sworn to and subscribed before me, this 8th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
CITY OF COVINGTON - CHARTER AMENDED.
No. 1173 (House Bill No. 1688).
AN ACT
To amend an Act incorporating and granting a new charter to the city of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, so as to authorize the city to purchase, construct, operate, and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3897

Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating and granting a new charter to the city of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, is hereby amended by adding following Section 16a new Section 16A to read as follows:
"Section 16A. Owning, maintaining, and operating cable television system. The city is hereby authorized to purchase, construct, operate, and maintain a system for reception, transmission, and distribution of television impulses and television energy (including audio signals and video images by means of electrical impulses) within the city limits as it now exists or shall hereafter exist and throughout the current unincorporated areas of Newton County and in the other municipalities located in Newton County but subject, however, to the conditions hereinafter specified; and in connection therewith, the city is authorized to acquire by contract or purchase all equipment, towers, receivers, lines, related apparatus, all rightsof-way, easements, and other property necessary to carry out these purposes including the hiring of engineering services and other consulting services incidental thereto and including the right to use all existing city rights-of-way easements and other property. The city is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm, or corporation at the point of reception thereof by the city or at any point where the city may hereafter have means of distribution thereof. The city is further authorized and empowered to fix reasonable rules and regulations under which the same may be furnished and distributed and likewise to fix the terms upon which the same are to be furnished and the manner of payment therefor; and the charges to be paid therefor will be the rate of charges to be established from time to time by resolution of the mayor and council of the city of Covington. Anything contained herein to the contrary notwithstanding, as a condition precedent to the city's construction and operation of what is commonly called a cable television system in accordance with the foregoing provisions in the unincorporated areas of Newton County or within any other municipality located in Newton County, the city must have previously entered into a franchise agreement with the governing body of Newton County, Georgia (for the unincorporated areas of Newton County) and with the governing bodies of the respective municipalities in which such services are sought to be provided by the city of 122-2

3898 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Covington. Nothing contained herein shall prohibit the city of Covington from granting franchises in accordance with Charter Section 9(n) for the private operation of such a system of reception, transmission, and distribution of television impulses and television energy aforesaid within the corporate limits of the city."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act incorporating and granting a new charter to the City of Covington (Ga. Laws 1962, p. 2003), as amended, to authorize the city to purchase, construct, operate, and maintain a cable television system within the city limits, in unincorporated areas of Newton County with the agreement of the county, and in other municipalities within the county with the agreement of the municipalities; and for other purposes.
This the 21st day of January, 1980.
Philip A. Johnson Representative, 74th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Johnson who, on oath, deposes and says that he/she is Representative from the 74th Dis-

GEORGIA LAWS 1980 SESSION

3899

trict, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Covington News which is the official organ of Newton County, on the following dates: January 24, 31, 1980, February 7, 1980.

Isl Philip A. Johnson Representative, 74th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

STATE COURT OF BIBB COUNTY - ACTS CREATING COURT AMENDED.
No. 1174 (House Bill No. 1706).
AN ACT
To amend an Act creating the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. Laws 1884-85, p. 470), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2516), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 2782), and the several Acts amendatory thereof, so as to change the compensation of persons acting as judge pro tern.; to provide that the affida-

3900 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vits on which accusations are found shall be made before the judge or the clerk or the deputy, clerk; to provide for payment of fines imposed for traffic and game and fish violations by mail; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Bibb County, formerly the City Court of Macon, approved August 14, 1885 (Ga. Laws 1884-85, p. 470), as amended, particularly by an Act approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2516), and an Act approved March 10, 1964 (Ga. Laws 1964, p. 2782), and the several Acts amendatory thereof, is hereby amended by striking from Section 2, as the same appears at Ga. Laws 1953, Nov.-Dee. Sess., pp. 2517 and 2518, the following:
"twenty dollars ($20.00)",
and inserting in lieu thereof the following:
"$100.00",
so that when so amended said section shall read as follows:
"Section 2. That whenever the judge of said city court is unable, from any cause, to discharge the duties of his office, or from any cause is disqualified or prevented from presiding; or whenever, in the opinion of said judge, the business of said court is congested, the said judge shall have the power to designate a judge of a superior court or a judge of a city court to preside in said City Court of Macon; and the said judge of the said City Court of Macon shall have the power and authority to appoint some competent attorney at law resident of Bibb County, as judge pro tern, of said court, to preside in said court in his stead, in the trial of both civil and criminal cases, and the attorney so appointed as judge pro tern., when the appointment is entered upon the minutes of said court, shall exercise all the functions of the judge thereof. The compensation of said attorney for actual services as judge pro tern, and/or the presiding judge of the superior or city court shall be $ 100.00 per diem, to be paid as the other officers of said court are paid. The County Board of Commissioners for the County of Bibb are authorized in their discretion, to pay in addition to the per diem compensation set forth

GEORGIA LAWS 1980 SESSION

3901

above, and similarly from the funds of Bibb County, the actual expense of persons, non-resident of Bibb County, which expenses are incurred by such persons in serving as such judge pro tem."
Section 2. Said Act is further amended by striking from Section XXX, as the same appears at Ga. Laws 1884-85, pp. 475 and 476, the following:
"the defendants in criminal cases in said City Court of Macon may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor; said affidavit shall be made before said Judge and said accusation shall be signed by the prosecutor and prosecuting officer in said court.",
and inserting in lieu thereof the following:
"the defendants in criminal cases in the State Court of Bibb County may be tried on written accusation setting forth plainly the offense charged, founded on affidavit made by the prosecutor. Said affidavit shall be made before the Judge, Clerk, or Deputy Clerk, and said accusation shall be signed by the prosecutor and prosecuting officer."
Section 3. Said Act is further amended by adding at the end of that paragraph (a) added to Section XXX by an Act approved March 10, 1964, p. 2782, the following:
"The judge may also promulgate rules and regulations which provide for payment by mail of fines imposed for traffic violations, game and fish violations, or both.",
so that when so amended said paragraph shall read as follows:
"(a) The judge of the State Court of Bibb County is hereby authorized and empowered to promulgate rules and regulations allowing a defendant charged with a traffic violation within the jurisdiction of the State Court of Bibb County to appear and dispose of said case under such rules and regulations so promulgated. The judge may also promulgate rules and regulations which provide for payment by mail of fines imposed for traffic violations, game and fish violations, or both."

3902 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend the Act or Acts relative to the State of Georgia, a bill to amend the Act or Acts relative to the State Court of Bibb County; and for other purposes.
J. Taylor Phillips, Judge State Court of Bibb County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burl Davis who, on oath, deposes and says that he/she is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: January 18, 25, 1980, February 1, 1980.
Isl Burl Davis Representative, 99th District

GEORGIA LAWS 1980 SESSION

3903

Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

WALKER COUNTY - CLERK OF SUPERIOR COURT.
No. 1176 (House Bill No. 1712).
AN ACT
To amend an Act placing the Clerk of Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3966), so as to change the maximum amount of compensation of personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of Superior Court of Walker County on an annual salary, approved January 27, 1964 (Ga. Laws 1964, p. 2024), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 3966), is hereby amended by striking from subsection (a) of Section 4 the figure "$37,500" and inserting in its place the figure "$45,000.00", so that when so amended said subsection shall read as follows:

3904 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(a) The above named officer shall have authority to appoint his deputies, clerks, assistants and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants and other personnel appointed by said officer shall not exceed the total sum of $45,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1980 session of the General Assembly of Georgia, a bill to increase the amount provided for clerical assistance in the office of the Clerk of the Superior Court of Walker County, Georgia.
This 7th day of January, 1980.
Wayne Snow Representative, 1st District, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District,

GEORGIA LAWS 1980 SESSION

3905

and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 16,23,30, 1980.

Is/ Wayne Snow, Jr. Representative, 1st District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

PULASKI COUNTY-HAWKINSVILLE DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1177 (House Bill No. 1718).
AN ACT
To authorize the Pulaski County-Hawkinsville Development Authority to exercise certain powers; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the constitutional authority for the creation of the Pulaski County-Hawkinsville Development Authority further provides that the General Assembly may by law further define and

3906 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
prescribe the powers and duties of the authority and the exercise thereof and may enlarge and restrict the same.
NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The powers of the Pulaski County-Hawkinsville Development Authority shall include the power to acquire by purchase or gift any building or structure within Pulaski County or the City of Hawkinsville suitable and intended for development and expansion of commercial facilities.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
There will be introduced in the regular 1980 Session of the Georgia General Assembly legislation to amend the powers of the Pulaski County-Hawkinsville Development Authority to include the power to acquire by purchase or gift any building or structure within Pulaski County or the City of Hawkinsville suitable and intended for development and expansion of commercial facilities; to repeal conflicting laws; and for other purposes.
Ben Jessup Representative, 117th District
State of Georgia,
Personally appeared before me, the undersigned officer, duly authorized to administer oath in said State and County, Charlie

GEORGIA LAWS 1980 SESSION

3907

Southerland, who, having been duly sworn, deposes and says on oath that he is publisher of Hawkinsville Dispatch and News, that, as such, he is authorized to make this Affidavit, and that the attached notice was published in the Hawkinsville Dispatch and News, a local newspaper of general circulation in Pulaski County, Georgia on January 16, January 23, and January 30, 1980.

This 5th day of February, 1980.
Is/ Charlie Southerland
Sworn to and subscribed before me, this 9th day of February, 1980.
Is/ Ben F. Jessup, Jr. Notary Public, Georgia State at Large. My Commission Expires March 30, 1980. (Seal).
Approved March 25, 1980.

OGLETHORPE COUNTY BOARD OF EDUCATION Hadhj ELIGIBILITY OF MEMBERS, ETC.
No. 1179 (House Bill No. 1762).
AN ACT
To amend an Act providing for the election of members of the Oglethorpe County Board of Education, approved March 31, 1967 (Ga. Laws 1967, p. 2370), so as to change the eligibility require-

3908 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
merits of said members; to change the terms of office of said members; to change the method of compensation of said members; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the election of members of the Oglethorpe County Board of Education, approved March 31, 1967 (Ga. Laws 1967, p. 2370), is hereby amended by striking from Section 3 of said Act the following:
a freeholder,",
so that when so amended Section 3 shall read as follows:
"Section 3. No person shall be eligible to represent an education district unless he is at least twenty-one years of age and has been resident of the county at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the Board shall immediately become vacant."
Section 2. Said Act is further amended by striking Section 4 in its entirety, which reads as follows:
"Section 4. At the general election conducted in 1968 there shall be elected the first members of the board of education of Oglethorpe County. Persons elected at said election shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified. Successors who are elected to the initial members of the Oglethorpe County Board of Education, as provided for herein, shall be elected at the general election each four years thereafter, and they shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified.",
and inserting in lieu thereof a new Section 4 to read as follows:

GEORGIA LAWS 1980 SESSION

3909

"Section 4. The members of the Oglethorpe County Board of Education who are serving on said board as of the effective date of this Act shall continue to serve out their regular terms of office. At the general election in 1980, the members of the Oglethorpe County Board of Education representing Districts 3 and 5 shall be elected for terms of two years to expire December 31, 1982. At the general election in 1980, the members of said board representing Districts 1, 2, and 4 shall be elected for terms of four years to expire on December 31, 1984. Successors who are elected to the members of the Oglethorpe County Board of Education, as provided for herein, shall be elected at the general election each four years thereafter, and they shall take office on the first day of January following their election and shall serve for terms of office of four years each and until their successors are duly elected and qualified."
Section 3. Said Act is further amended by striking from Section 5 the following:
"All members of the board shall be compensated in the amount of $20.00 for each meeting actually attended, plus the necessary expenses incurred in carrying out their official duties.",
and inserting in lieu thereof the following:
"All members of the board shall be compensated in an amount within the limits established by Section 32-904 of the Georgia Code, as amended.",
so that when so amended Section 5 shall read as follows:
"Section 5. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall conduct a quorum for the transaction of any business which may come before the Board. All members of the board shall be compensated in an amount within the limits established by Section 32-904 of the Georgia Code, as amended."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

3910 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
This is to serve notice of the intent to have introduced local legislation in the 1980 session of the General Assembly of Georgia altering the terms of election of members of the Board of Education of Oglethorpe County and for other purposes to bring the original act in line with existing laws and court decisions.
January 21, 1980 Julia A. Fleming
As owner and publisher of the Oglethorpe Echo, I hereby certify the enclosed legal advertisement was published in the Echo on the weeks of January 24, January 31 and February 7, 1980.
Is/ Ralph Maxwell, Owner & Publisher
Sworn to and subscribed before me, this 7th of February, 1980.
Isl Barbara W. Compton Notary Public. My Commission Expires March 28, 1980. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3911

CITY OF RICHMOND HILL - ELECTIONS, ETC.
No. 1180 (House Bill No. 1775).
AN ACT
To amend an Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, approved March 3, 1962 (Ga. Laws 1962, p. 2505), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3288), so as to change the terms of office for the mayor and all city councilmen; to provide for the election of city councilmen on a staggered basis and to provide for the election of councilmen to a particular post; to repeal certain portions of the present city charter in regard to the election of rpayor and city councilmen; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating and incorporating the City of Richmond Hill, Bryan County, and granting a charter to said city, approved March 3, 1962 (Ga. Laws 1962, p. 2505), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3288), is hereby amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows:
"Section 9. (a) There is hereby created four city council posts numbered Post No. 1, Post No. 2, Post No. 3, and Post No. 4. On the first Tuesday in December, 1980, there shall be elected a mayor and four councilmen for said city by the qualified registered voters therein. Successful candidates for the office of mayor and for Post No. 1 and Post No. 2 shall serve for a term of four years from January 2 of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality of the consolidated vote cast in such election for each post. The successful candidates for Post No. 3 and Post No. 4 shall be elected to serve for a period of two years from January 2 of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality of the consolidated vote cast in such election for each post.

3912 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) On the first Tuesday in December of 1982, there shall be elected two councilmen for said city by the qualified registered voters therein, to fill the positions of Post No. 3 and Post No. 4 with the successful candidates thereof to serve for a period of four years from January 2 of the year following such election or until their successors are elected and qualified, with each such official to be elected by a plurality of the consolidated vote cast in such election for each post.
(c) Thereafter, elections shall be continued to be held biennially with the mayor's post and Post No. 1 and Post No. 2 of the council to be filled for a four-year term at each alternate election and Post No. 3 and Post No. 4 to be filled for a four-year term at each of the remaining elections. All such officials shall be elected by a plurality of the consolidated vote cast in such election for each post.
(d) The persons so elected as herein provided as mayor and councilmen of said city shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath:
`I (a.b.) do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Richmond Hill and the common interest thereof. So help me God.'
Such oath shall be filed with the city clerk who shall spread the same upon the minutes of the meeting of the council of Richmond Hill next following such filing, unless such oath is filed during a regular meeting of said council in which latter case such oath shall be spread upon the minutes of the meeting then in session."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3913

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January 1980 session of the General Assembly of Georgia a bill to amend the Charter of the City of Richmond Hill, in Bryan County, Georgia; specifically for the purpose of providing four year terms for the Mayor and members of the City Council, to provide for the members of the City Council running for specific posts to the Council, and to provide for staggered elections in order to provide continuity in the City Government, and for other purposes.
This 21st day of January, 1980.
Glenn Bryant Senator Bryan County, Georgia A. D. Clifton Representative Bryan County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he/she is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bryan County News which is the official organ of Bryan County, on the following dates: January 24, 31, February 7, 1980.
Is/ A. D. Clifton Representative, 107th District

3914 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
CITY OF PELHAM - ELECTIONS, ETC., REFERENDUM.
No. 1182 (House Bill No. 1777). AN ACT
To amend an Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), so as to change the time of election of certain members of the city council; to provide for continuity in office; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia; Section 1. An Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), is hereby amended by striking in its entirety Section 5.10 thereof and substituting in lieu thereof a new Section 5.10 to read as follows: "Section 5.10. Mayor and Council Election, (a) On the second Tuesday in January in each year an election shall be held. At the election held in 1981, a mayor and a councilman from the city at

GEORGIA LAWS 1980 SESSION

3915

large and one councilman each from Wards One, Two, Three, Four, and Five shall be elected. The councilmen from Wards Three, Four, and Five shall be elected for a term of one year and until the election and qualification of their successors. The mayor, the councilman at large, and the councilmen from Wards One and Two shall be elected for terms of two years and until the election and qualification of their successors. Thereafter, the mayor and council shall be elected for terms of two years and until the election and qualification of their successors.
(b) The wards of the city shall be established by ordinance."
Section 2. The Mayor and Councilmen of the City of Pelham in office on the effective date of this Act shall remain in office until the election and qualification of their successors as provided in this Act.
Section 3. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pelham to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pelham for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Mitchell County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act changing the year of election of [ ] NO the members of the city council be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of Pelham. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

3916 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
A BILL TO BE ENTITLED AN ACT
To amend an Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), so as to change the time of election of certain members of the city council; to provide for continuity in office; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section L An Act to provide a new charter for the City of Pelham, approved March 11, 1977 (Ga. Laws 1977, p. 3034), is hereby amended by striking in its entirety Section 5.10 thereof and substituting in lieu thereof a new Section 5.10 to read as follows:
"Section 5.10. Mayor and Council Election, (a) On the second Tuesday in January in each year an election shall be held. At the election held in 1981, a mayor and a councilman from the city at large and one councilman each from Wards One, Two, Three, Four, and Five shall be elected. The councilmen from Wards Three, Four, and Five shall be elected for a term of one year and until the election and qualification of their successors. The mayor, the councilman at large, and the councilmen from Wards One and Two shall be elected for terms of two years and until the election and qualification of their successors. Thereafter, the mayor and council shall be elected for terms of two years and until the election and qualification of their successors.
(b) The wards of the city shall be established by ordinance."
Section 2. The Mayor and Councilmen of the City of Pelham in office on the effective date of this Act shall remain in

GEORGIA LAWS 1980 SESSION

3917

office until the election and qualification of their successors as provided in this Act.
Section 3. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Pelham to issue the call for an election for the purpose of submitting this Act to the electors of the City of Pelham for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Mitchell County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act changing the year of election of the [ ] NO members of the city council be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by the City of Pelham. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Georgia, Mitchell County.

Personally appeared before the undersigned office authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the news paper in which the Sheriff's advertisements regularly appear.

3918 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 18, 25 and February 1, 1980.
Isi B. T. Burson
Sworn to and subscribed before me, this 14th day of February 1980.
/si Sandra Westbrook Notary Public My Commission Expires July 24, 1983. (Seal).
Approved March 25, 1980.
COLUMBUS, GEORGIA - CHARTER AMENDED. No. 1183 (House Bill No. 1781). AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that references to certain boards, commissions and authorities be deleted from the Charter; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

3919

An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971 p. 2007), as amended is hereby amended as follows:
Section 1. That Sections 4-611, 4-612, 4-613, 4-625, and 4-626 of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety.
Section 2. That Section 4-623, subsections (3) and (4) of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety.
Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the organization and (Continuance of certain boards and commissions be removed from the Charter by eliminating from such removal the Personnel Review Board.
Lennie F. Davis City Attorney Columbus, Georgia

3920 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the organization and continuance of certain boards and commissions be removed from the Charter by eliminating from such removal the Personnel Review Board.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
/si Glenn Vaughn, Jr.

GEORGIA LAWS 1980 SESSION

3921

Sworn to and subscribed before me, this the 11th day of February, 1980.
Isi Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.

COLUMBUS, GEORGIA ^ CHARTER AMENDED.
No. 1184 (House Bill No. 1782).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain transitional language contained in the descriptions of the offices of sheriff, ordinary, and tax commissioner in the Charter of Columbus, Georgia be removed from the Charter; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1, That Sections 8-100, 8-101, and 8-102 be and the same are hereby deleted from the Charter of Columbus, Georgia in their entirety and in lieu thereof new Sections substituted to read as follows:

3922 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Sec. 8-100. Sheriff.
"The sheriff of the consolidated government shall serve for a term of office and receive compensation as provided by law. Subsequent elections for sheriff shall be upon the same basis as provided by law for sheriffs generally. The sheriff shall perform the same duties and exercise the same powers as are conferred upon sheriffs generally by the Constitution and laws of Georgia. Nothing in this Charter shall be construed so as to affect the eligibility of the sheriff or his deputies for membership in the Peace Officers' Annuity and Benefit Fund. In addition to the powers and duties conferred upon the sheriff by law, the sheriff of the consolidated government shall be authorized to maintain a crime prevention unit independent of any such unit or activity maintained or provided by the department of public safety.
"Sec. 8-101. Probate Court.
"The Judge of Probate Court shall be elected for a term of office as provided by law. Compensation of the Judge of Probate Court shall be as fixed by law. The Judge of the Probate Court shall perform the duties and exercise the powers as conferred upon the Judges of Probate Courts generally by the Constitution and laws of Georgia.
"Sec. 8-102. Tax commissioner.
"The tax commissioner shall be elected for a term of office and shall receive such compensation as provided by an Act of the General Assembly of Georgia, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended. The tax commissioner shall collect all ad valorem taxes and all intangible taxes and shall perform the same duties and exercise the same powers as are conferred upon county tax receivers and county tax collectors by the laws of Georgia not in conflict with this Charter, and such other or additional duties and powers as may be prescribed by ordinance of the Council."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.

GEORGIA LAWS 1980 SESSION

3923

Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of transitional provisions relating to the description of the Probate Judge, Sheriff and Tax Commissioner.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply for Local legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of transitional provisions relating to the description of the Probate Judge, Sheriff and Tax Commissioner.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.

3924 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
1st Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Imi Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.
COLUMBUS, GEORGIA -- CHARTER AMENDED. No. 1185 (House Bill No. 1783). AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, P- 2007), as amended, to provide that certain transitional provisions concerning allocation of indebtedness be deleted from the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3925

Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the Countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 7-204 subsections (5), (6), (7), (8), (9), and (10) be and the same are hereby deleted in their entirety from the Charter of Columbus, Georgia.
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide an elimination of transitional language regarding allocation of indebtedness.
Lennie F. Davis City Attorney Columbus, Georgia

3926 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide an elimination of transitional language regarding allocation of indebtedness.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Is/ Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3927

COLUMBUS, GEORGIA -- CHARTER AMENDED.
No. 1186 (House Bill No. 1787).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that supervision and direction of civil defense shall be a responsibility of the Director of Public Safety; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 4-322, subsection (3) be renumbered as subsection (4) and in lieu thereof a new subsection (3) shall be substituted to read as follows:
"(3) Supervise and direct all matters pertaining to civil defense, including civil defense planning, training, coordination, implementation and such other civil defense functions and activities, as required by ordinance."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

3928 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide a consolidation of the duties of the Director of Public Safety with Civil Defense.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made of the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide a consolidation of the duties of the Director of Public Safety with Civil Defense.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published, and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Is/ Glenn Vaughn, Jr.

GEORGIA LAWS 1980 SESSION

3929

Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.

COLUMBUS, GEORGIA -- CHARTER AMENDED.
No. 1187 (House Bill No. 1788).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that another agency other than the department of administration may prepare personnel rules and regulations and a classification and pay plan for Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 8-303 of the Charter of Columbus, Georgia be and the same is hereby amended to insert the words "or 123-2

3930 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
other agency designated by ordinance of the Council" between the words "administration" and "shall" in the first line of said Section so that the first line shall read as follows:
"The department of administration or other agency designated by ordinance of the Council shall prepare...".
Section 2. That Section 8-304 of the Charter of Columbus, Georgia be and the same is hereby amended to insert the words "or other agency designated by ordinance of the Council" between the words "administration" and "shall" in the first line of subsections (1) and (2) so that the first line of said subsections shall read as follows:
"The department of administration or other agency designated by ordinance of the Council shall prepare...".
Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council may designate who shall have the responsibility to prepare Personnel Rules and Regulations and Classification and Pay Plan systems.
Lennie F. Davis City Attorney Columbus, Georgia

GEORGIA LAWS 1980 SESSION

3931

Notice of Intention to Apply for Local Legislation.

Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council may designate who shall have the responsibility to prepare Personnel Rules and Regulations and Classification and Pay Plan systems.

Lennie F. Davis City Attorney Columbus, Georgia

Georgia, Muscogee County.

Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger^, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.

Is/ Glenn Vaughn, Jr.

3932 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.
town of McIntyre - elections, etc. No. 1188 (House Bill No. 1798). AN ACT
To amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1971, p. 2370), so as to change the date of the municipal elections; to provide for terms; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section iJ An Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1971, p. 2370), is hereby amended by striking in its entirety the first sentence of the first paragraph of Section 4-15, which reads as follows: "An election shall be held on the first Saturday in October, 19 71, for the purpose of electing five aldermen. ' ', and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

3933

"An election shall be held on the second Saturday in December, 1981, and biennially thereafter, for the purpose of electing a mayor and five aldermen.",
and by striking from the second sentence thereof the following:
"on the first Saturday in October",
and inserting in lieu thereof the following:
"on the second Saturday in December",
and by striking in its entirety the last sentence thereof, which reads as follows:
"The mayor and aldermen first elected shall take office on January 11972.",
and inserting in lieu thereof the following:
"The mayor and aldermen shall take office on the first day of January immediately following their election and shall serve for terms of two years and until their successors are elected and qualified.",
so that when so amended said first paragraph of Section 4-15 shall read as follows:
"An election shall be held on the second Saturday in December, 1981, and biennially thereafter, for the purpose of electing a mayor and five aldermen. Every person desiring to become a candidate for either the office of mayor or for the office of aldermen of the said Town of McIntyre shall file or cause to be filed with the clerk of the Town of McIntyre, not later than 20 days before the general election, which election shall be held on the second Saturday in December, biennially, a statement of his or her candidacy, reciting that he is offering for mayor or as alderman. The candidate shall further file with the clerk of the Town of McIntyre a certificate sworn to, by him, that he is qualified to fill the office to which he seeks election. All candidates for the office of mayor or for the office of alderman shall be elected by the voters of the town at large, and a candidate for mayor must attain a majority of the votes cast in

3934 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any election to be elected. In instances where no candidate receives a majority of the votes cast, a runoff election shall be held, between the two candidates receiving the highest number of votes, on the fourteenth day after the day of holding the first election. The candidate receiving a majority of the votes cast in such runoff election shall be declared the winner. The five candidates for the office of aldermen receiving the highest number of votes shall be elected as aldermen. The mayor and aldermen shall take office on the first day of January immediately following their election and shall serve for terms of two years and until their successors are elected and qualified."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. Laws 1871, p. 2370), as amended; and for other purposes.
This 14th day of January, 1980.
Wilbur E. Baugh Representative, 108th District Culver Kidd Senator, 25th District
Georgia, Fulton County.

GEORGIA LAWS 1980 SESSION

3935

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he/she is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 17, 24, 31, 1980.

Isl Wilbur E. Baugh Representative, 108th District

Sworn to and subscribed before me, this 15th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

CATOOSA COUNTY -- BOARD OF UTILITIES COMMISSIONERS.
No. 1190 (House Bill No. 1803).
AN ACT
To amend an Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. Laws 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. Laws 1966, p. 2003), an Act approved March 17, 1967 (Ga. Laws 1967,

3936 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
p. 2251), an Act approved March 13, 1968 (Ga. Laws 1968, p. 2281), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3726), so as to change the compensation of the members of said board; to extend the boundary of the original Catoosa Water and Sewer District to include all of Catoosa County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a board of utilities commissioners for Catoosa County, approved March 17, 1956 (Ga. Laws 1956, p. 3499), as amended by an Act approved February 8, 1966 (Ga. Laws 1966, p. 2003), an Act approved March 17,1967 (Ga. Laws 1967, p. 2251), an Act approved March 13, 1968 (Ga. Laws 1968, p. 2281), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3726), is hereby amended by striking from Section 2 of said Act the unnumbered paragraph which reads as follows:
"The members of the board shall serve with compensation of $25.00 per meeting, not to exceed two meetings each month, provided that the board may meet a greater number than two times in any one month without compensation. The members of the board shall serve at the pleasure of the governing authority of Catoosa County, Georgia, and any member may be removed from said board before the expiration of his term, with or without cause, by the governing authority of Catoosa County, Georgia.",
and inserting in lieu thereof a new unnumbered paragraph to read as follows:
"The members of the board shall receive as compensation the amount of $100.00 for the first meeting of every month and $50.00 for the second meeting of every month; provided, however, that the board may meet a greater number than two times in any one month but shall not receive additional compensation for those extra meetings. The members of the board shall serve at the pleasure of the governing authority of Catoosa County and any member may be removed from said board before the expiration of his term, with or without cause, by the governing authority of Catoosa County."
Section 2. Said Act is further amended by striking from Section 2 the unnumbered paragraph which reads as follows:

GEORGIA LAWS 1980 SESSION

3937

"The board shall have the power to sue and to be sued, to construct, to reconstruct, to improve, to better and extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to acquire by gift, purchase, devise, lease or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to the exercise of its power.",
and inserting in lieu thereof a new unnumbered paragraph to read as follows:
"The board shall have the power to sue and to be sued, to construct, to reconstruct, to improve, to better and extend the water system, wholly within or wholly without the boundaries of Catoosa County, or partially within and partially without said boundaries; to acquire by gift, purchase, devise, lease or the exercise of eminent domain, lands, easements, rights in land and water rights; to hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and make and enter into such contracts and agreements as may be appropriate to the exercise of its power. The powers and duties of the board of utilities commissioners of Catoosa County shall extend the boundaries of Catoosa County as fully and in the same manner as the powers and duties heretofore vested in said board over the Catoosa County Water and Sewer District, as the same was defined by resolutions adopted by the Commissioner of Roads and Revenue on March 25, 1946, and on April 21, 1946."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

3938 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1980 Regular Session of the General Assembly of Georgia an Act to amend an Act entitled "An Act Creating a Board of Utilities Commissioners of Catoosa County, Georgia, Approved March 17, 1956," and all acts amendatory thereto, to provide for additional compensation for members of the Board of Utilities Commissioners; to extend the boundary of the Catoosa County Water and Sewer District; and for other purposes.
This 4th day of January, 1980. Is/ Robert G. Peters Representative
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980.
Isi Jim Caldwell Sworn to and subscribed before me, this the 28th day of January, 1980.
Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981.
(Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3939

WALKER COUNTY - COMPENSATION OF PROBATE COURT PERSONNEL.
No. 1191 (House Bill No. 1805).
AN ACT
To amend an Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. Laws 1964, p. 2014), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2766), so as to change the maximum amount of compensation of personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the probate judge of Walker County on a salary basis, approved January 27, 1964 (Ga. Laws 1964, p. 2014), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2766), is hereby amended by striking from Section 4 the figure "$15,000.00" and inserting in its place the figure "$20,000.00", so that when so amended said Section shall read as follows:
"Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said judge of the probate court shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum of $20,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia."

3940 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation.
Notice is given that there will be introduced in the regular 1980 session of the General Assembly of Georgia, a bill to increase the amount provided for clerical assistance in the Office of the Probate Court for Walker County, Georgia.
This 7th day of January, 1980.
Wayne Snow, Jr. Representative, 1st District, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Walker County Messenger which is the official organ of Walker County, on the following dates: January 23, 30, 1980, February 6, 1980.
Isl Wayne Snow, Jr. Representative, 1st District

GEORGIA LAWS 1980 SESSION

3941

Sworn to and subscribed before me, this 11th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

CITY OF WILLACOOCHEE - CHARTER AMENDED.
No. 1192 (House Bill No. 1806).
AN ACT
To amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. Laws 1953, Nov.Dee. Sess., p. 3039), as amended by an Act approved March 11, 1965 (Ga. Laws 1965, p. 2287), so as to change the qualifications of candidates for the office of mayor and councilman; to provide for filling vacancies; to provide for the election of the clerk, treasurer, police chief, and other personnel; to provide for oaths, bonds, and compensation; to provide grounds for removal of the mayor and councilmen; to provide the procedure for removal; to provide for appeals; to provide for ordinances for street improvements; to provide that the mayor shall be the budget director and perform such duties as the mayor and council may prescribe by ordinance; to change the costs in the mayor's court; to provide for arrests; to authorize the mayor and council to regulate utilities in said city; to provide for revenue-producing certificates; to provide for garbage collection and fees therefor; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

3942 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 3039), as amended by an Act approved March 11, 1965 (Ga. Laws 1965, p. 2287), is hereby amended by striking Section 203 in its entirety and inserting in lieu thereof a new Section 203 to read as follows:
"Section 203. Qualifications of mayor and councilmen. (a) Any person whose principal place of residence is within the corporate limits of the city and who is both a qualified voter of the city and at least 18 years of age at the time of election shall be eligible for the office of mayor or councilman. Should the mayor or any councilman cease to maintain his principal place of residence within the city during his term of office, his office shall thereby become vacant.
(b) In case of a vacancy in the office of mayor or councilman from failure to elect, death, removal, or any cause whatsoever, the mayor and council have the power to call a special election ordered by the city council to take place not less than 30 nor more than 60 days after the call of said election, under the same rules and regulations that govern other elections in the city. The city clerk shall cause notice of the holding of such election, including time and purpose thereof, to be published promptly once prior to such election in a newspaper of general circulation in the county."
Section 2. Said Act is further amended by adding at the end of Section 206, relating to the mayor, the following:
"The mayor shall be the budget director of said city and shall perform such duties as the mayor and council may by ordinance prescribe."
Section 3. Said Act is further amended by striking Section 207 in its entirety and inserting in lieu thereof a new Section 207 to read as follows:
"Section 207. Election of clerk, treasurer, chief of police, and other personnel. The mayor and council shall elect a city clerk and treasurer, with said clerk and treasurer to give bond with security in

GEORGIA LAWS 1980 SESSION

3943

a corporate surety company in the sum of $1,000.00 for the faithful performance of his duties; a chief of police and as many policemen as in the judgment of the mayor and council shall be necessary; and such other officers as the mayor and council shall deem necessary in the good government of the city. Each of said officers shall take oaths, perform such duties, and give such bonds as the mayor and council may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the City of Willacoochee. Said mayor and council shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and council to fix the salaries, or compensation, of the mayor and councilmen and all other officers, agents, and employees of said city. However, the salary of the mayor of said city shall be set between $600.00 and $ 1,000.00 per month. All expenditures of the mayor and council for city purposes shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor after the mayor and council have allowed same. The mayor and council may at any time employ as many policemen for said city for such length of time as said mayor and council may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and council as above provided."
Section 4. Said Act is further amended by striking Section 214 in its entirety and inserting in lieu thereof a new Section 214 to read as follows:
"Section 214. Impeachment and removal, (a) The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Conviction of a crime involving moral turpitude;
(3) Failure at any time to possess any of the qualifications of office as provided by charter or by law;
(4) Willful violation of any express prohibition of the municipal charter;

3944 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(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 charter or by law.
(b) Removal of any elected officer from office shall be brought about in the following manner:
(1) Any person desiring to initiate removal proceedings against an elected officer shall file a complaint in writing with the city clerk, which complaint shall set forth distinctly the alleged ground or grounds for removal and the names of witnesses, if any.
(2) Immediately upon receipt of a complaint as provided for in the preceding subsection, the city clerk shall notify the mayor (except in case of his own impeachment, when the clerk shall then notify the mayor pro tem.) who shall call a meeting of the city council. If, at such meeting, a majority of the council shall deem the complaint sufficient to authorize an investigation, they shall call, at the earliest date practicable, a meeting for the trial of the officer.
(3) If a trial is ordered as provided in the preceding subsection, it shall be the duty of the city attorney to draw immediately articles of impeachment based upon the complaint which shall be filed with the city clerk at least seven days prior to the date set for the trial. Upon receipt of the articles of impeachment, it shall be the duty of the city clerk to attach to the same a notice directed to the party complained against, which notice shall specify the time and place of the trial and command the appearance of the accused. The notice and copy shall be served upon the accused by a police officer at least seven days before the date of trial.
(4) The trial shall be conducted in the manner employed by the superior courts of Georgia, both the council and the accused having the right to introduce evidence and be represented by counsel, it being the duty of the city attorney to act as prosecuting officer in such trials. The mayor or councilman whose conduct is thus in question shall not be qualified to sit on

GEORGIA LAWS 1980 SESSION

3945

said proceeding or to vote. A two-thirds' majority of those qualified to sit and vote shall be necessary to impeach and if convicted the mayor or councilman shall be removed from office immediately.
(5) The mayor and council shall render a verdict upon each article of impeachment, to be followed by the judgment which shall be entered by the city attorney upon the original articles and signed by the mayor or other presiding officer. Such verdict and judgment shall be placed upon the minutes of the council.
(c) Any officer removed from office by the action of city council, as provided in the preceding section, shall have the right of appeal from the decision of the council to the superior court of the county in which city hall is located. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of probate."
Section 5. Said Act is further amended by striking Section 412, relating to street tax, in its entirety.
Section 6. Said Act is further amended by striking Section 413, relating to exemptions from street tax, in its entirety.
Section 7. Said Act is further amended by striking from Section 421, relating to executions, the word "marshal" wherever the same may appear and inserting in lieu thereof the words "chief of police."
Section 8. Said Act is further amended by striking Section 502 in its entirety and inserting in lieu thereof a new Section 502 to read as follows:
"Section 502. Ordinances for street improvements. No street, avenue, alley, lane, or other public place in the city shall be repaved or improved until the passage of an ordinance authorizing the same."
Section 9. Said Act is further amended by striking Section 503, relating to number of petitioners, in its entirety.

3946 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 10. Said Act is further amended by striking the third unnumbered paragraph of subsection (d) of Section 601 in its entirety and inserting in lieu thereof the following:
"In all cases in the mayor's court involving a violation of the penal statutes of Georgia, where the accused is bound over to the Superior Court of Atkinson County for trial, or in default of bond committed by the mayor's court to the common jail of Atkinson County to await trial, the municipality shall be allowed the same costs as are allowed in justices courts under the laws of the State of Georgia."
Section 11. Said Act is further amended by striking Section 603 in its entirety and inserting in lieu thereof a new Section 603 to read as follows:
"Section 603. Arrests. An arrest for a crime may be made by a city police officer with or without a warrant under any of the circumstances set forth in Code Section 27-207, relating to arrest without a warrant, as the same now exists or may hereafter be amended, and any such person arrested may be imprisoned or confined, until a hearing of the matter before the proper officer can be had, in the city prison or in the jail of Atkinson County for a reasonable length of time. The policemen of said city are authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this state. The policemen of this city are also authorized to arrest anywhere within the limits of this state any person or persons charged with violating any of the ordinances of the City of Willacoochee; provided, when the arrest is not made within 24 hours after the offense is committed, said policemen are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to a warrant. The policemen may take cash bonds for the appearance of any person arrested by them for appearance before the mayor's court for trial and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tern."
Section 12. Said Act is further amended by striking Section 705 in its entirety and inserting in lieu thereof a new Section 705 to read as follows:

GEORGIA LAWS 1980 SESSION

3947

"Section 705. Utilities, (a) The mayor and council shall have general supervision and control over the water and sewerage system, the light system of said city, and gas system of said city and shall make such rules and regulations in reference to the operation of said systems, or either one thereof, as they may deem best and make such contracts and employ or discharge such persons in the operation of said systems, or either one thereof, as they may deem best. The mayor and council is charged with the duty of collection for all services rendered in regard to any of said systems.
(b) Said mayor and council shall have plenary power and authority to erect or to contract for the erection, enlargement, or improvement, of a system of waterworks and sewerage, a light system, and a gas system, in and for said city, with the amount of funds made available to them by the mayor and council of the city, or funds arising from the operation of the water system, or out of funds arising from the sale of revenue-producing certificates or bonds issued by the city. They shall also have the management, in like manner, and control of the operation of a waterworks, sewerage, electric light plant, and gas plant or system that may be owned, or hereafter owned, by said city. They are hereby empowered to enter into contracts necessary for the establishment, maintenance, and operation of any of said systems. The mayor and council shall have power and authority to maintain, repair, and extend the system of waterworks, sewerage, electric light and gas plants, from time to time as funds become available for such improvements. They shall have power to erect and maintain public hydrants, fire plugs, poles, wires, water and gas mains, and electric lights within the city limits and elsewhere, as the mayor and council may direct, for the purpose of supplying the city with lights, water for fire purposes as may be necessary, and for other purposes for which they deem proper. The mayor and council shall regulate and provide for the private use of water, lights and gas, when the city owns any such plants, fix the time, price, and place of payment for such services and, in default of payment for such services, they may shut them off and keep the same shut off until all arrears are fully paid. Should it become necessary to enforce payment for services already rendered, they may recommend to the city clerk the issuance of : execution for the amount due of any services furnished; and the city clerk is hereby authorized and empowered to issue execution therefor, which may be levied and collected as other executions.

3948 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Should said mayor and council deem it advisable to create additional debts for the erections, enlargement, or improvement of any of the systems under their control by virtue of this Act, they are hereby directed and authorized to determine the amount of needed funds and the anticipated revenue from the operation of the facilities, and to create a debt to be evidenced by revenue certificates to be retired from revenues produced, or to recommend the creation of a bonded indebtedness for such purpose or as may be raised by other methods. Should the amount of money needed be such that the revenue produced by the facilities would retire same as anticipated by the Constitution and the Revenue Certificate Law of 1937, the mayor and council shall proceed to issue revenue-producing certificates as provided by the Act of 1937. Should the mayor and council deem it advisable to secure the money on a bond issue, the mayor and council should then proceed with an election for a bond issue as provided for by the Constitution and statutes.
The mayor and council shall make such rules and regulations for the government of their servants and employees and for the distribution and use of the products of any of such plants as they may deem proper.
Said mayor and council may pass such ordinances and bylaws for the protection of any such systems as they may deem proper and any person violating any one of said ordinances shall be tried as provided for in the city charter. The present ordinances of said city are retained and in force until changed."
Section 13. Said Act is further amended by striking Section 706 in its entirety and inserting in lieu thereof a new Section 706 to read as follows:
"Section 706. Garbage collection, fees. The mayor and council shall have full power and authority to provide a system of garbage collections for said city. The mayor and council may in their discretion have said collections made by regular city employees or may contract for same to be done. To provide funds for said garbage collections, the mayor and council are hereby authorized to levy a schedule of garbage collection fees on residences, apartments, and business establishments. The mayor and council are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale as other executions."

GEORGIA LAWS 1980 SESSION

3949

Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of The General Assembly of Georgia A Bill to amend the charter of The City of Willacoochee, Georgia; To provide for all matters relative thereto; and for other purposes.
Honorable Tom Crosby, Jr. Representative, 150th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Crosby, Jr. who, on oath, deposes and says that he/she is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 24, 31, February 7, 1980.
Isl Tom Crosby, Jr. Representative, 150th District

3950 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION APPROPRIATIONS, ETC.
No. 1193 (House Bill No. 1816). AN ACT
To amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), so as to change the appropriation of each governing authority; to extend time within which said commission shall complete its work; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), is hereby amended by striking from the fourth sentence of subsection (c) of Section 4 of said Act the following: "$7,500.00",

GEORGIA LAWS 1980 SESSION

3951

and substituting in lieu thereof the following:
"$15,000.00",
so that when so amended subsection (c) of Section 4 of said Act shall read as follows:
"(c) The members of the Charter Commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the Charter Commission. The staff employed by said Charter Commission shall be paid compensation as determined by said Commission within the limits of the funds available to it under the provisions of this Act. The governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of said governing authorities shall initially appropriate not less than $15,000.00 for said Charter Commission, and the treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of said Charter Commission and by one other member of said Commission designated by the chairman. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of said Charter Commission, provided such additional expenditures shall be first approved by each of such governing authorities. All public officials, upon request, shall furnish the Charter Commission with information and assistance necessary or appropriate for it to carry out its duties."
Section 2. Said Act is further amended by striking subsection (a) of Section 8 of said Act which reads as follows:
"(a) Said Charter Commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County within 12 months after the date of its initial meeting or, in the event said Charter Commission drafts a proposed charter or charters creating a new government or governments, said proposed charter or charters shall be prepared, completed and filed within 12 months after the date of its initial meeting; provided, however, the itime for making such recommendations or for filing such proposed

3952 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being duly adopted by the governing authority of Glynn County.",
and substituting in lieu thereof a new subsection (a) of Section 8 of said Act to read as follows:
"(a) Said Charter Commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Brunswick and Glynn County by March 31, 1981, or, in the event said Charter Commission drafts a proposed charter or charters creating a new government or governments, said proposed charter or charters shall be prepared, completed, and filed by March 31, 1981. However, the time for making such recommendations or for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Brunswick and by a similar resolution being adopted by the governing authority of Glynn County."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Brunswick-Glynn County Charter Commission, approved April 11, 1979 (Ga. Laws 1979, p. 3378), and for other purposes.

GEORGIA LAWS 1980 SESSION

3953

This 28th day of January 1980.

James R. Tuten, Jr. Representative, 153rd District Dean Auten
Representative, 154th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten who, on oath, deposes and says that he/she is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 29, February 5, 12, 1980.

Is/ Dean G. Auten Representative, 154th District

Sworn to and subscribed before me, this 18th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEN HILL COUNTY -$ OFFICE OF TAX COMMISSIONER CREATED.
No. 1194 (House Bill No. 1817).
AN ACT
To consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Ben Hill County are hereby consolidated and combined into the one office of the tax commissioner of Ben Hill County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state.
Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Ben Hill County in 1980. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31,1984, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Ben Hill County, and their terms of office shall continue through December 31, 1980. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.

GEORGIA LAWS 1980 SESSION

3955

Section 3. The tax commissioner shall receive for his services a commission equal to one-half of the commission schedule provided by Code Section 91A-1370(a), except that the commission and schedules prescribed by said Act shall apply upon the first 80 percent of the ad valorem net digest collected by the tax commissioner. On all taxes collected in excess of 80 percent of the total of taxes due according to the Tax Net Digest of Ben Hill County, the tax commissioner's commission shall be for such taxes 10 percent of all such collections due irrespective of the schedule and rates contained in said Section 91 A-1370(a). The tax commissioner shall be responsible for determining the number and paying the compensation of such personnel as may be necessary to assist the tax commissioner in discharging his official duties, but all expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as to the compensation of such additional personnel, including but not limited to office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds. It is specifically provided that the commissions and compensation provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed for the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services of which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, which commissions the tax commissioner shall be entitled to receive and retain in addition to the commissions otherwise provided for herein.
Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Ben Hill County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected, except that said tax commissioner may withhold from said funds to be turned over to the county the portion thereof representing his commission as herein provided.
Section 5. All taxes due and payable to Ben Hill County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued.

3954 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BEN HILL COUNTY - OFFICE OF TAX COMMISSIONER CREATED.
No. 1194 (House Bill No. 1817).
AN ACT
To consolidate the offices of tax receiver and tax collector of Ben Hill County into the office of the tax commissioner of Ben Hill County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The offices of tax receiver and tax collector of Ben Hill County are hereby consolidated and combined into the one office of the tax commissioner of Ben Hill County. The rights, duties, and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this state.
Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Ben Hill County in 1980. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1984, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Ben Hill County, and their terms of office shall continue through December 31, 1980. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector.

GEORGIA LAWS 1980 SESSION

3955

Section 3. The tax commissioner shall receive for his services a commission equal to one-half of the commission schedule provided by Code Section 91A-1370(a), except that the commission and schedules prescribed by said Act shall apply upon the first 80 percent of the ad valorem net digest collected by the tax commissioner. On all taxes collected in excess of 80 percent of the total of taxes due according to the Tax Net Digest of Ben Hill County, the tax commissioner's commission shall be for such taxes 10 percent of all such collections due irrespective of the schedule and rates contained in said Section 91A-1370(a). The tax commissioner shall be responsible for determining the number and paying the compensation of such personnel as may be necessary to assist the tax commissioner in discharging his official duties, but all expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as to the compensation of such additional personnel, including but not limited to office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds. It is specifically provided that the commissions and compensation provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions allowed for the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services of which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, which commissions the tax commissioner shall be entitled to receive and retain in addition to the commissions otherwise provided for herein.
Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected, and held by him as public funds belonging to Ben Hill County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected, except that said tax commissioner may withhold from said funds to be turned over to the county the portion thereof representing his commission as herein provided.
Section 5. All taxes due and payable to Ben Hill County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued.

3956 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Ben Hill County to issue the call for an election for the purpose of submitting this Act to the electors of Ben Hill County for approval or rejection. The superintendent shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ben Hill County. The ballot shall have written or printed thereon the words:
"[ ] YES Shall the Act to consolidate the offices of tax receiver and tax collector of Ben Hill County
[ ] NO into the office of the tax commissioner of Ben Hill County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Ben Hill County. It shall be the duty of the election superintendent of Ben Hill County to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Legislation.
Notice is hereby given that there will be introduced in the 1980 Session of the General Assembly of Georgia a bill to consolidate the offices of Tax Collector and Tax Receiver of Ben Hill County, Georgia, into the office of Tax Commissioner of Ben Hill County, Georgia, and to provide for the compensation, method of

GEORGIA LAWS 1980 SESSION

3957

election, rights, duties and liabilities of said office; to provide for a referendum; to repeal conflicting laws; and for other purposes.

This 29th day of January, 1980

Georgia, Ben Hill County.

Personally appeared before the undersigned attesting offi-
cer, Gerald W. Pryor, who being duly sworn to speak the truth, states under oath that he is the publisher of The Fitzgerald Herald and Leader, which is the official organ of Ben Hill County, Georgia, and that there has been deposited with said newspaper the cost of publishing therein once a week for three (3) consecutive weeks, on the 31st of January, 1980, and the 7th, and 14th of February, 1980, a notice from the Ben Hill County Board of Commissioners of Roads and Revenue of its intention to introduce legislation to consolidate the offices of Tax Collector and Tax Receiver of Ben Hill County, Georgia, into the office of Tax Commissioner of Ben Hill County, Georgia and to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the Tax Commissioner; to provide for personnel in the office of the Tax Commissioner, the compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; to provide for a referendum; to repeal conflicting laws; and for other purposes.

A copy of said notice as it appears in the official organ of Ben Hill County, Georgia, is attached hereto as "Exhibit A".

This 14th day of February, 1980.

Is/ Gerald W. Pryor

3958 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of February, 1980.
Is/ Grace W. Reeves Notary Public, Georgia State at Large. (Seal).
Approved March 25, 1980.
HENRY COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1195 (House Bill No. 1823). AN ACT
To amend an Act establishing a Small Claims Court in and for Henry County, approved April 17, 1976 (Ga. Laws 1976, p. 4463), so as to change the jurisdiction of the court; to change certain fees and costs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Small Claims Court in and for Henry County, approved April 17, 1976 (Ga. Laws 1976, p. 4463), is hereby amended by adding at the end of Section 1 the following: "Said court shall further have concurrent jurisdiction to hear and rule on violations of county ordinances.", so that when so amended said section shall read as follows:

GEORGIA LAWS 1980 SESSION

3959

"Section 1. There is hereby created and established a Small Claims Court in and for Henry County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Said court shall further have concurrent jurisdiction to hear and rule on violations of county ordinances."
Section 2. Said Act is further amended by adding to subsection (d) of Section 6, immediately following the figure "$5.00", the following:
"for each person served",
so that when so amended said subsection shall read as follows:
"(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $5.00 for each person served. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 3. Said Act is further amended by striking from Section 8 the figure "$7.50", wherever the same appears and inserting in lieu thereof the figure "$10.00", so that when so amended said section shall read as follows:
i "Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.

3960 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of The General Assembly of Georgia, a Bill to amend an Act approved April 7, 1976 (Georgia Law 1976, page 4463), creating the Small Claims Court of Henry County; and for other purposes.
Larry D. Tew, Judge Small Claims Court of Henry County
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard Chamberlin who, on oath, deposes and says that he/she is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce

GEORGIA LAWS 1980 SESSION

3961

Local Legislation was published in the Henry Herald which is the official organ of Henry County, on the following dates: January 23, 30, February 6, 1980.
/si Richard Chamberlin Representative, 73rd District

Sworn to and subscribed before me, this 19th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

CARROLL COUNTY - SALARY OF CLERK OF SUPERIOR COURT.
No. 1196 (House Bill No. 1827).
AN ACT
To amend an Act placing the Clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. Laws 1972, p. 2751), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2935), so as to change the compensation of said clerk; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Clerk of the Superior Court of Carroll County on a salary basis, approved March 27, 1972 (Ga. Laws 1972, p. 2751), as amended, particularly by an Act approved M124--ar2ch 4, 1977 (Ga. Laws 1977, p. 2935), is hereby amended by

3962 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
striking from Section 2 the figure "$15,700" and inserting in lieu thereof the following:
"$18,500.00", so that when so amended said section shall read as follows:
"Section 2. The Clerk of the Superior Court shall receive an annual salary of $18,500.00, payable in equal monthly installments from county funds."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980, session of the General Assembly of Georgia. A bill to change the compensation of the Clerk of Superior Court of Carroll County; and for other purposes.
This 28th day of January, 1980.
Charles A. Thomas, Jr. Gerald L. Johnson
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Thomas, Jr. who, on oath, deposes and says that he/she is Representative from the 66th

GEORGIA LAWS 1980 SESSION

3963

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian which is the official organ of Carroll County, on the following dates: January 31, February 7, 14, 1980.

Is/ Charles A. Thomas, Jr.
Representative, 66th District

Sworn to and subscribed before me, this 19th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

RANDOLPH COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1197 (House Bill No. 1828).
AN ACT
To amend an Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440), so as to change the jurisdiction of the court; to change certain fees, costs, commissions, and deposits; to provide an effective date; to repeal conflicting laws; and for other purposes.

3964 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440), is hereby amended by striking from the second sentence of Section 1 thereof the following:
"$1,000.00",
and inserting in lieu thereof the following:
"$2,000.00",
so that when so amended said Section 1 shall read as follows:
"Section 1. There is hereby created and established a small claims court in and for Randolph County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking from subsections (a) and (b) of Section 8, wherever it may appear, the following:
"$7.50",
and inserting in lieu thereof the following:
"$10.00",
so that when so amended said Section 8 shall read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $ 10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $ 10.00. If a party shall fail to pay any accrued cost, the judge

GEORGIA LAWS 1980 SESSION

3965

shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $ 10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury."
Section 3. Said Act is further amended by striking from the first sentence of Section 24 thereof the following:
"$5.00",
and inserting in lieu thereof the following:
"$7.00",
and by striking from the second sentence thereof the following:
"five dollars",
and inserting in lieu thereof the following:
"$7.00",
so that when so amended said Section 24 shall read as follows:
"Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $7.00, plus a reasonable amount for drayage, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $7.00."

3966 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating and establishing a small claims court in and for Randolph County, approved March 23, 1977 (Ga. Laws 1977, p. 3440); and for other purposes.
This 28 day of January, 1980.
Bob Hanner Representative, 130th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: January 31, February 7, 14, 1980.
Isl Bob Hanner Representative, 130th District

GEORGIA LAWS 1980 SESSION

3967

Sworn to and subscribed before me, this 19th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

HARALSON COUNTY - TREASURER'S COMPENSATION.
No. 1198 (House Bill No. 1833).
AN ACT
To amend an Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 863), an Act approved February 17, 1950 (Ga. Laws 1950, p. 2723), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3136), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2436), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2226), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2429), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4216), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3971), so as to change the compensation of the Treasurer of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p.

3968 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
258), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 863), an Act approved February 17, 1950 (Ga. Laws 1950, p. 2723), an Act approved March 6, 1962 (Ga. Laws 1962, p.3136), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2436), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2226), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2429), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4216), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4410), and an Act approved April 111 1979 (Ga. Laws 1979, p. 3971), is hereby amended by striking from Section 1 the following:
"three thousand nine hundred dollars ($3,900.00)",
and inserting in lieu thereof the following:
"four thousand six hundred eighty dollars ($4,680.00)",
so that when so amended Section 1 shall read as follows:
"Section 1. The compensation of the Treasurer of Haralson County shall be four thousand six hundred eighty dollars ($4,680.00) per annum, payable in equal monthly installments from the general funds of Haralson County, which shall be his full compensation and in lieu of commissions. The treasurer shall also receive an expense account of one hundred eighty-five dollars ($185.00) per month which shall be paid from the general funds of Haralson County. The treasurer is hereby authorized to direct the County Commissioner of Haralson County to pay any part of his salary as treasurer to any employee in his office and in such event, the salary of the treasurer shall be reduced by the amount of any such payments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3969

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to change the compensation of the Treasurer of Haralson County; and for other purposes.

This 21st day of January, 1980.

George A. Kimball Treasurer

Georgia, Haralson County.

To Whom It May Concern:

This is to certify that the legal notice attached hereto has been published in the Haralson County Tribune legal organ for Haralson County. The following dates, to-wit: January 24, 1980, January 31, 1980, February 7, 1980.

Sworn to on the 14th day of February, 1980 Is/ Stanley Parkman Publisher

3970 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed to before me, on the 14th day of February, 1980.
Is/ Frieda L. Rivers Notary Public. (Seal).
Approved March 25, 1980.
CITY OF LILLY - ELECTIONS, ETC. No. 1199 (House Bill No. 1835). AN ACT
To amend an Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended, so as to change the provisions relative to the election and terms of office of the Mayor and Council; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended, is hereby amended by adding a new section immediately following Section 3 to be designated Section 3A to read as follows: "Section 3A. The present Mayor and Councilmen shall hold office until the first Tuesday of December, 1980, at which time there shall be an election by the registered electors within the city for the purpose of electing the Mayor and five Councilmen. The

GEORGIA LAWS 1980 SESSION

3971

Mayor and two candidates for Councilman receiving the highest number of votes in that election shall serve for a period of two years and the three Councilman candidates receiving the next largest number of votes shall serve for a period of one year. There shall be an election every year thereafter on the first Tuesday in December to fill the vacancies caused by the expiration of terms of office as hereinabove provided; to wit: In each even numbered year following the election in 1980, a Mayor and two Councilmen will be elected for a term of two years, and in each odd numbered year following 1980, three Councilmen will be elected for a term of two years. The Mayor and Councilmen shall serve until their successors are elected and qualified as provided herein."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act amending, consolidating and superseding the Act incorporating the City of Lilly in the County of Dooly, approved August 21, 1911 (Ga. Laws 1911, p. 1323), as amended; and for other purposes.
This 24 day of January, 1980.
Howard H. Rainey Representative, 135th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath,

3972 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News Observer which is the official organ of Dooly County, on the following dates: January 30, 1980, February 6, 13, 1980.
Is/ Howard Rainey Representative, 135th District
Sworn to and subscribed before me, this 18th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
CORDELE OFFICE BUILDING AUTHORITY -- PROJECTS. No. 1200 (House Bill No. 1836). AN ACT
To amend an Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4395), so as to authorize two projects; to provide for the cost of such projects; to provide that such projects do not require approval by a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

3973

Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority, approved April 17, 1975 (Ga. Laws 1975, p. 4395), is hereby amended by adding at the end of Section 3 of said Act the following:
"(c) (1) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station and may begin a project for a jail without the necessity of a referendum election otherwise required by subsection (a) hereof.
(2) The total cost of each project authorized in paragraph (1) shall not exceed $ 150,000.00.
(3) Any project undertaken pursuant to subsection (c) shall be separate and distinct from any project undertaken pursuant to subsection (b), and no funds which are authorized to be expended under subsection (b) shall be used for any project authorized by subsection (c).",
so that when so amended Section 3 of said Act shall read as follows:
"Section 3. (a) Except as provided by subsections (b) and (c) hereof, if the Cordele Office Building Authority proposes to begin a project after the effective date of this Act, the Authority shall request, in writing, the municipal superintendent of elections of the City of Cordele to issue the call for a referendum election on the question of beginning such project. Within 15 days after receiving such request from the Authority, it shall be the duty of said municipal superintendent to issue the call for a special election for the purpose of submitting the question of beginning such project to the qualified electors of the City of Cordele for approval or rejection. Said municipal superintendent shall set the date of such special election at least 30 days, but not more than 45 days, after the issuance of the call. He shall cause the date and purpose of the election to be advertised in the official organ of the City of Cordele once each week for two weeks immediately preceding the week in which the election is held. The ballots for such election shall be printed in

3974 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
such a manner as to enable the electors of the City of Cordele to vote `Yes' or `No' on the question of beginning such project, and a brief description of the proposed project shall be included in the question on the ballot. If more than one-half of the votes cast on such question are `Yes', the Authority shall be authorized to proceed, in conformity with the provisions of the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, with such project. If one-half or more of the votes cast on such questions are `No', the Authority shall not at any time thereafter be authorized to proceed with such project.
(b) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station without the necessity of a referendum election otherwise required by subsection (a) hereof subject to the following conditions and requirements:
(1) That the total cost for such project does not exceed $100,000.00; and
(2) That if such project is completed, the City of Cordele shall be served by two fire stations.
(c) (1) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station and may begin a project for a jail without the necessity of a referendum election otherwise required by subsection (a) hereof.
(2) The total cost of each project authorized in paragraph (1) shall not exceed $150,000.00.
(3) Any project undertaken pursuant to subsection (c) shall be separate and distinct from any project undertaken pursuant to subsection (b), and no funds which are authorized to be expended under subsection (b) shall be used for any project authorized by subsection (c)."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

3975

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that Honorable Howard Rainey, Representative from the 135th District, at the request of the Cordele City Commission, will introduce a bill in the 1980 session of the General
Assembly of Georgia to amend the powers of the Cordele Office Building Authority so as to provide authorization to build a fire station in Cordele at a cost not to exceed $ 150,000.00, and a jail in Cordele at a cost not to exceed $150,000.00. The Cordele Office Building Authority was created by an amendment proposed by Act No. 235 (House Resolution No. 624-1354), Georgia Laws, 1968, pp. 1715, et seq., ratified at the November 1968 general election. The proposed amendment to be introduced is authorized by provisions of the Act at Georgia Laws, 1968, pp. 1729, 1730.

This 25th day of January, 1980.
Perry M. Culpepper, Chairman Cordele City Commission
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath, deposes and says that he/she is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 31, 1980, February 7, 14, 1980.
/s/lj Howard Rainey Representative, 135th District

3976 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
BURKE COUNTY HOSPITAL AUTHORITY -VACANCIES.
No. 1201 (House Bill No. 1837).
AN ACT To amend an Act to provide for the method of appointing vacancies on the Burke County Hospital Authority, approved April 13, 1973 (Ga. Laws 1973, p. 2656), so as to provide for all appointments by the governing authority of Burke County; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to provide for the method of appointing vacancies on the Burke County Hospital Authority, approved April 13, 1973 (Ga. Laws 1973, p. 2656), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. All vacancies on the board of the Burke County Hospital Authority shall be filled by appointment of the governing authority of Burke County."

GEORGIA LAWS 1980 SESSION

3977

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to change the method of appointment of members to the Burke County Hospital Authority; and for other purposes.
This 25th day of January, 1980.
Emory E. Bargeron Representative, 83rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 30, 1980, February 6, 13, 1980.
Is/ Emory E. Bargeron Representative, 83rd District

3978 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 18th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.
TOWN OF BARTOW - CHARTER AMENDED. No. 1202 (House Bill No. 1838). AN ACT
To amend an Act creating a new charter for the Town of Bartow, approved March 21, 1974 (Ga. Laws 1974, p. 2370), so as to change certain provisions relating to the compensation of the mayor and councilmen and relating to the punishment in Mayor's Court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Bartow, approved March 21, 1974 (Ga. Laws 1974, p. 2370), is hereby amended by striking in its entirety Section 2.13 thereof and substituting in lieu thereof a new Section 2.13 to read as follows: "Section 2.13. Compensation and Expenses. The mayor shall receive as compensation for his services the amount of $100 per year. The councilmen shall each receive as compensation for their services the sum of $25 per year. The mayor and councilmen shall

GEORGIA LAWS 1980 SESSION

3979

be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office."
Section 2. Said Act is further amended by striking from subsection (a) of Section 4.13 thereof the figure:
"$300.00",
and substituting therefor the figure:
"$600.00",
so that when so amended subsection (a) shall read as follows:
"(a) The Mayor's Court shall try and punish for crimes against the Town of Bartow and for violation of its ordinances. The Mayor's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $10.00 or three days in jail. The Mayor's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $600.00 or imprisonment for thirty days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a town work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding thirty days."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the current 1980 session of the General Assembly of Georgia a bill to amend the charter of the Town of Bartow to revise the compensation of the mayor and councilmen and to increase the amount of the fines which may be levied in the Mayor's Court.

3980 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 28th day of January, 1980.
W. A. Hall, Mayor
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he/she is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 31, 1980, February 7, 14, 1980.
/si Emory E. Bargeron Representative, 83rd District
Sworn to and subscribed before me, this 18th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3981

HENRY TIFT MYERS AIR MUSEUM AUTHORITY CREATED.
No. 1203 (House Bill No. 1841).
AN ACT
To create the Henry Tift Myers Air Museum Authority in Tift County; to provide for members; to specify powers; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created as a public corporation the Henry Tift Myers Air Museum Authority. The authority shall be composed of five members to be appointed by the Tift County Airport Authority, to serve at the pleasure of the Tift County Airport Authority.
Section 2. The authority is authorized to:
(a) Purchase, hold, sell, rent, and convey title to any property or any interest in property.
(b) Enter into any contract and to sue and be sued in the courts of this state.
(c) Provide for the administration of its affairs as it may reasonably determine to be appropriate.
(d) Do all things appropriate to constructing, maintaining, and operating an air museum including, but not limited to, the determination and collection of admission charges.
(e) Accept loans, gifts, grants, bequests, and devises from any and all sources.
(f) Exercise all powers normally or customarily vested in a public authority in this state.

3982 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Local Legislation.
There will be introduced in the 1980 session of the General Assembly of Georgia a bill to create the Henry Tift Myers Air Museum Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate museum facilities, and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes.
January 30, 1980.
E. R. Jensen Tift County Airport Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce

GEORGIA LAWS 1980 SESSION

3983

Local Legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: February 2, 9, 16, 1980.
Is/ Monty Veazey Representative, 146th District

Sworn to and subscribed before me, this 19th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 25, 1980.

COLUMBUS, GEORGIA - COLUMBUS CONVENTION AND VISITORS BOARD OF COMMISSIONERS.
No. 1204 (House Bill No. 1854).
AN ACT
Authorizing the Columbus, Georgia consolidated city-county government to create a Board of Commissioners to be known as the "Columbus Convention and Visitors Board of Commissioners" who may be authorized to have delegated to them the responsibility for promotion of tourism, trade and conventions for Columbus, Georgia; setting forth the terms of office of the members of the Board and their authority and powers; providing for the funding of the operation of the Commission; repealing conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

3984 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. For the purpose of promoting tourism, trade and conventions for Columbus, Georgia, the Council of Columbus, Georgia is hereby authorized to create by ordinance and abolish by ordinance a Board of Commissioners to be known as the "Columbus Convention and Visitors Board of Commissioners" who may be authorized by the Council of Columbus, Georgia to have use of buildings, grounds and equipment that are used or may be used for the promotion of tourism, trade, and conventions in Columbus. The Mayor shall appoint, with the consent of the Council of Columbus, Georgia, persons to fill all vacancies that may occur on said Board at any regular meeting of the Council after such vacancy occurs. The Convention and Visitors Board of Commissioners shall consist of nine (9) persons, all of whom shall be citizens of Columbus and qualified by law to vote at elections for the selection of the Mayor and Councilors. In addition, the Executive Director of the Commission shall serve on the Board during his incumbency and shall be entitled to speak and be heard at meetings, but the Executive Director shall not be entitled to vote.
Section 2. Except for the members of the first board to serve, the term of office of each member shall be for three (3) years, and members shall continue in office until a successor is named and appointed. The selection for the first members of the Board may be held at any regular meeting of Council after the effective date of the Act authorizing the creation of such Board or at any regular meeting thereafter.
At such meeting the Mayor shall appoint, with the consent of Council, three (3) members to serve until the first day of January next following and until each member's successor is named and appointed, three (3) to serve until the first day of January thence next following and until each member's successor is named and appointed, so that the term of office of only three (3) members will expire each year. As the respective terms of office of each member of the Board expire, the Mayor shall appoint, with the consent of Council, at a regular meeting held in July of each year prior to the expiration of the term of each member, a successor to each member of the Board whose term expires in January following thereafter, who shall be selected for a term of three (3) years, so that the term of three (3) members of said Board shall end on January 1 of each year and three (3) members shall be selected to succeed to such new term. The Board shall be selected to best represent the hospitality

GEORGIA LAWS 1980 SESSION

3985

and travel industry and shall be constituted as follows: One (1) member shall be the owner or manager of a hotel or motel; one (1) member shall be selected from the food service industry; one (1) member shall be selected from the Board of Directors of the Columbus Chamber of Commerce; one (1) member shall be selected from the Board of Directors of the Historic Columbus Foundation; two (2) members shall be selected from the Columbus Council; three (3) members shall be selected at large. The Mayor of Columbus, Georgia shall serve as an ex officio member of the Board during his incumbency.
Section 3. The members shall take the following oath before entering into the discharge of their duties: "I do solemnly swear that I am duly qualified to serve as a member of the Columbus Convention and Visitors Board of Commissioners; that I will, to the best of my ability, faithfully discharge all of the duties and obligations devolving upon me as a member of said Board without fear, favor and affection, and as will subserve the best interests of Columbus, Georgia, so help me God."
Section 4. A majority of the Columbus Convention and Visitors Board of Commissioners shall constitute a quorum for the transaction of business. The Board shall have the power and authority to make rules and regulations for the conduct of its affairs, and shall keep a record of all acts and doings of said Board in Books to be purchased and kept for that purpose, which books shall be subject to examination at any time by persons authorized to do so by the Mayor and Council of Columbus. The Board shall make reports to the Mayor and Council of Columbus, Georgia, on the operation and condition of the Convention and Visitors Commission in accordance with any Resolution that may be passed by the Council of Columbus, Georgia.
Section 5. The Board shall have the power to annually select a chairman, vice chairman, and secretary/treasurer for the Board, and employ an Executive Director as may be necessary in the operation of the Commission's activities, who in turn shall be delegated the authority and responsibility necessary to properly administer the business of the Commission and its agencies created herein or at a later date, within policies set by the Board and subject to its review. The Executive Director shall have full charge of the offices and also all of the employees, and he shall have authority to hire and termi-

3986 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nate employees. The Board shall have the authority to establish salaries and compensation which must be approved by the Council of Columbus, Georgia.
Section 6. The Board may purchase from time to time, such material, machinery, apparatus and appliances as may be needed for the purposes hereafter set forth. All contracts made by the Board in excess of $5,000.00 shall be in writing and one copy of each contract shall be deposited with the Clerk of Council for the benefit of the Mayor and Council of Columbus. All purchases and contracts shall conform to the limits of the Board's budget. The Board shall have the authority to require from any person, firm or corporation with whom they contract satisfactory security for the faithful performance of the contract according to its terms. No member shall be interested directly or indirectly in any contract relating to such operation without full disclosure to the Board.
Section 7. The Board shall submit an annual budget to the Council of Columbus, Georgia which, upon approval by Council, shall be funded from the revenue received from the Hotel-Motel Tax and any other sources deemed proper by the Mayor and Council.
Section 8. The members of said Board shall not receive any compensation for their services, but within the limits of the Board's budget, shall be paid and refunded all reasonable expense which they may incur in the performance of their duties. The Mayor and Council of Columbus, Georgia shall be authorized, by and through a committee of their own number, or by any person they may select, to inspect at their pleasure, the state and condition of the Board of Commissioners and the property thereto belonging, and also all books and accounts pertaining to the affairs of the Commission and the Board shall give and furnish them any reasonable facility and assistance in making such inspections.
Section 9. Be it further enacted that the Board of Commissioners shall be considered a subordinate branch of Columbus, Georgia, a consolidated city-county government, and shall conform in their actings and doings to all Ordinances and Resolutions that may be passed by the Mayor and Council of said government. The Mayor and Council of Columbus, Georgia may at any time remove any member which they may have elected to the Board, if it shall satisfactorily appear, after reasonable notice to the parties, and hearing

GEORGIA LAWS 1980 SESSION

3987

of the causes of complaint and answers thereto, if any should be offered, that the member whose removal is sought has been guilty of maladministration or neglect of the duties of this office, that the member's removal will be right and proper, and seven members of the Council of Columbus shall concur in such removal.
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 12. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council of Columbus, Georgia create by ordinance a Columbus Convention and Visitors Board of Commissioners.
Lennie F. Davis City Attorney, Columbus, Georgia

3988 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the Council of Columbus, Georgia create by ordinance a Columbus Convention and Visitors Board of Commissioners.
Lennie F. Davis City Attorney, Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Isi Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Isl Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 25, 1980.

GEORGIA LAWS 1980 SESSION

3989

LISTON ELKINS PARKWAY DESIGNATED.
No. 112 (Senate Resolution No. 262).
A RESOLUTION
Designating (he Liston Elkins Parkway; and for other purposes.
WHEREAS, Liston Dickson Elkins was one of the most outstanding citizens of the State of Georgia and the Waycross area; and
WHEREAS, Mr. Elkins made many valuable contributions in his business career with the Waycross Journal-Herald and the Waycross and Ware County Chamber of Commerce; and
WHEREAS, in addition to his business activities, Mr. Elkins gave generously of his time and efforts in a wide range of civic activities and organizations too numerous to list; and
WHEREAS, the great contributions of Mr. Elkins have already been recognized by the great number of awards and honors he received; and
WHEREAS, Mr. Elkins was a dedicated and devoted husband to his wife, the former Myrtle Cannon, and daughter, Jean Elkins Essick; and
WHEREAS, among Mr. Elkins's many valuable activities were two which make this Resolution particularly appropriate: his service as President of the U.S. 1 National Highway Association and his participation in the conception and organization of the Okefenokee Association, Inc., which built and operates the Okefenokee Swamp Park.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that U.S. National Highway 1 from the Waycross city limits to the Okefenokee Swamp Park entrance is hereby designated the Liston Elkins Parkway.

3990 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Myrtle Cannon Elkins and Jean Elkins Essick.
Approved March 25, 1980.
EXCHANGE OF LAND WITH GRATTAN W. ROWLAND AUTHORIZED.
No. 115 (Senate Resolution No. 283).
A RESOLUTION
Authorizing the conveyance of certain State-owned real property located in Burke County, Georgia, to Grattan W. Rowland and the acceptance of certain property owned by Grattan W. Rowland, located in Burke County, Georgia, in consideration therefor; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Burke County, Georgia, now administered by the Georgia Forestry Commission, being more particularly described as follows:
"All of Parcels 1 and 2 containing .999 acre, more or less, shown and described on that certain June 27, 1979, plat of survey prepared for the Georgia Forestry Commission by Robert L. Bell, Georgia Registered Land Surveyor No. 274, a copy of said plat of survey being attached hereto and made a part of this Resolution";
and
WHEREAS, Grattan W. Rowland is the owner of certain real property located in Burke County, and comprising approximately .433 acre, more or less, and more particularly described as follows:

GEORGIA LAWS 1980 SESSION

3991

"All of Parcel 3 containing .433 acre, more or less, shown and described on that certain June 27, 1979, plat of survey, prepared for the Georgia Forestry Commission by Robert L. Bell, Georgia Registered Land Surveyor No. 274, a copy of said plat of survey being attached hereto and made a part of this Resolution";
and
WHEREAS, the State of Georgia is desirous of obtaining the above-described property owned by Grattan W. Rowland for expansion of the Georgia Forestry Commission Burke County Unit office and related purposes; and
WHEREAS, Grattan W. Rowland is desirous of obtaining part of the above-described State-owned property for the protection and consolidation of his present lands; and
WHEREAS, Grattan W. Rowland, in May of 1957, conveyed the above-described State-owned property to the State of Georgia for $ 1;and
WHEREAS, the exchange of part of said parcels on an equal value basis, by and between the State of Georgia and Grattan W. Rowland, would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That the State of Georgia is the owner of the abovedescribed real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission.
Section 2. That the State Properties Commission is hereby authorized and empowered to convey by appropriate instrument all or any part of the hereinabove-described State-owned property to Grattan W. Rowland and to accept in consideration therefor, from Grattan W. Rowland, a conveyance in fee simple of all of the hereinabove-described Grattan W. Rowland-owned property.
Section 3. That any documents as may be required, and any and all other terms, conditions, and agreements relating to the exchange

3992 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of properties be negotiated by and between the State Properties Commission and Grattan W. Rowland or his representative.
Section 4. That for the purposes of compliance with the provisions of Code Section 91-403A(b)(4) requiring that a conveyance of real property by the State be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this Resolution, currently on file with the Georgia Forestry Commission shall constitute an acceptable plat for filing with the Secretary of State.
Section 5. That this Resolution shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval, and in accordance with the provisions hereof.
Section 6. That all laws and parts of laws in conflict with this Resolution are hereby repealed.
Approved March 25, 1980.
GEORGE S. CARPENTER BRIDGE DESIGNATED.
No. 118 (Senate Resolution No. 298).
A RESOLUTION
Designating the George S. Carpenter Bridge; and for other purposes.
WHEREAS, Honorable George S. Carpenter served as a Superior Court Judge for the Ocmulgee Judicial Circuit from January 1, 1943, to January 1, 1974; and
WHEREAS, Judge Carpenter was highly respected by the legal profession throughout the State of Georgia, and his long record of distinguished service will always be remembered; and

GEORGIA LAWS 1980 SESSION

3993

WHEREAS, he also served as Mayor of Milledgeville and provided excellent leadership to the city during a period of rapid growth; and
WHEREAS, he was active in the civic, fraternal, and religious affairs of his community; and
WHEREAS, his dedication to his judicial duties was second only to his love and dedication to his family; and
WHEREAS, it is only fitting and proper that the new bridge on Thomas Street in Milledgeville, Georgia, be named after Judge Carpenter.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new bridge erected on Thomas Street in Milledgeville, Georgia, is hereby named and designated the George S. Carpenter Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation, with the approval of the federal Department of Transportation, is hereby authorized and directed to erect appropriate signs on the approaches to said bridge, designating said bridge as the George S. Carpenter Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to the family of Honorable George S. Carpenter, to the commissioner of the State Department of Transportation, and to the Secretary of Transportation, Department of Transportation, Washington, D.C.
Approved March 25, 1980.

125--2

3994 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TOWN OF SNELLVILLE - RECORDER'S COURT.
No. 1205 (House Bill No. 1870).
AN ACT
To amend an Act incorporating the Town of Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess., p. 775), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3574), and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3110), so as to change the maximum amount of fines, costs, and forfeitures which may be imposed by the Recorder's Court of the Town of Snellville; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the town of Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess., p. 775), as amended, particularly by an Act approved April 10, 1971 (Ga. Laws 1971, p. 3574), and an Act approved March 27, 1972 (Ga. Laws 1972, p. 3110), is hereby amended by striking from subsection (d) of Section 10 the following:
"$200.00",
and inserting in lieu thereof the following:
"$1,000.00",
so that when so amended said subsection shall read as follows:
"(d) The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the Town of Snellville passed in accordance with this charter, to an amount not to exceed $1,000.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other public works of said Town for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00

GEORGIA LAWS 1980 SESSION

3995

or imprisonment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the Town of Snellville which warrants may be executed by any officer of said Town, 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 Town. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Snellville. The recorder's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Snellville, approved August 20, 1923 (Ga. Laws 1923, Ex. Sess. p. 775) as amended, so as to change the maximum amount of fines, cost, and forfeitures which may be imposed by the Recorder's Court, and for other purposes.
This 15th day of January, 1980.
Tom Phillips Representative, 59th District

3996 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he/she is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 30, February 6, February 13, 1980.
Isl R. T. Phillips Representative, 59th District
Sworn to and subscribed before me, this 17th day of January, 1980.
Is/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires October 7, 1980. (Seal).
Approved March 25, 1980.
DeKALB COUNTY M BOARD OF COMMISSIONERS, REFERENDUM.
No. 1207 (Senate Bill No. 392).
AN ACT To amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and ere-

GEORGIA LAWS 1980 SESSION

3997

ating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, so as to provide for an advisory referendum election to be held in DeKalb County for the purpose of ascertaining the type of government for said county desired by the people of said county; to provide for procedures, requirements and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, is hereby amended by adding a new Section between Sections 27 and 28, to be designated Section 27A, to read as follows:
"Section 27A. (a) It is the purpose of this Section to provide for an advisory referendum within DeKalb County to determine the type of government of DeKalb County preferred by the voters of said county.
(b) It shall be the duty of the election superintendent of DeKalb County to issue the call for an advisory election for the purpose of submitting statements of two types of government for said county to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the same date as the 1980 general primary election on August 12, 1980. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have printed thereon the following:
Advisory Referendum Election
Choose the type of government for DeKalb County which you prefer by selecting either Type 1 or Type 2 as shown below:

3998 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Type 1 A government with an elected county commission [ ] and a separate elected chief executive officer. The powers of the county commission would be clearly defined as legislative, and the powers of the chief executive officer would be clearly defined as administrative.
Type 2 A government with an elected county commission. [ ] The chairman of the commission would also serve as the chief executive officer with administrative and executive powers clearly defined.
(c) It shall be the duty of the election superintendent of DeKalb County to hold and conduct the advisory election provided for herein and to tabulate the results of such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within DeKalb County. The expense of such election shall be borne by DeKalb County.
(d) It is hereby found, determined and declared that the holding of the advisory referendum election provided for in this Section is in all respects for the benefit of the people of DeKalb County and is for a public purpose and an essential governmental function for which public funds may be expended."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly a bill to amend an Act revising, superseding, and consolidating the laws pertaining to the governing authority of DeKalb County and creating a Chairman and Board of Commissioners for said county, approved March 8,

GEORGIA LAWS 1980 SESSION

3999

1956 (Ga. Laws 1956, p. 3237), as amended, and for other purposes.

H. Allen Moye, Chairman DeKalb County Government Reorganization Commission

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert H. Bell who, on oath, deposes and says that he/she is Senator from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 20, 1979, December 27, 1979 and January 3, 1980.
Is/ Robert H. Bell Senator, 5th District

Sworn to and subscribed before me, this 15th day of January, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4000 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SUPERIOR COURT OF EVANS COUNTY TERMS.
No. 1208 (Senate Bill No. 561).
AN ACT
To amend an Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. Laws 1919, p. 116), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4649), so as to change the provisions relative to such terms; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. Laws 1919, p. 116), as amended, particularly by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4649), is hereby amended by striking from Section 2 thereof the word:
"October",
and inserting in lieu thereof the word:
"August"^!
so that when so amended Section 2 shall read as follows:
"Section 2. Be it further enacted that the two terms of the Superior Court of Evans County shall be held on the first Monday in February and the first Monday in August of each year."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4001

BOARDS OF REGISTRATIONS AND ELECTIONS IN CERTAIN COUNTIES (200,000 - 600,000) (350,000 - 600,000).
No. 1210 (Senate Bill No. 606).
AN ACT
To amend an Act providing for a Board of Registrations and Elections in certain counties, approved March 13, 1978 (Ga. Laws 1978, p. 3677), so as to change certain population brackets; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for a Board of Registrations and Elections in certain counties, approved March 13, 1978 (Ga. Laws 1978, p. 3677), is hereby amended by striking from Section 1 thereof the following:
"not less than 200,000 and not more than 600,000", '
and inserting in lieu thereof the following:
"not less than 350,000 and not more than 600,000",
so that when so amended said Section 1 shall read as follows:
"Section 1. There is hereby created in each county of this state having a population of not less than 350,000 and not more than 600,000, according to the 1970 United States decennial census or any such future census, a Board of Registrations and Elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such counties, in accordance with the provisions of this Act."

4002 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.
STATE COURT OF DeKALB COUNTY - SERVICES OF FORMER JUDGES, ETC.
No. 1212 (House Bill No. 1453).
AN ACT
To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951; p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), so as to authorize the presiding senior judge to request the services of any acting judge or former judge of a state, superior, juvenile or probate court; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3137), is hereby amended by adding immediately following Section 14-A a new Section 14-B to read as follows:
"Section 14-B. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that the senior judge of the State Court then presiding, when deemed necessary, may request, in writing, the services of an acting judge or any former judge of any state, superior, juvenile or probate court of this

GEORGIA LAWS 1980 SESSION

4003

State who is otherwise qualified. When any such acting judge or former judge serves as judge of the State Court, he shall receive the same compensation in the same manner as a judge of the State Court of DeKalb County, and such compensation shall be paid from the funds of DeKalb County. In no event, however, shall there be more than 100 days per year for which compensation is paid to such acting or former judge or judges. For purposes of computing said 100 days, any one day for which compensation is paid to more than one such judge shall be counted as a number of days equal to the number of judges paid for that day."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, an amendment to an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. Laws 1951, p. 2401), as amended, to provide that the Senior Judge of the State Court of DeKalb County, then presiding, may appoint an appropriate qualified judge or former judge to assist in times when deemed necessary; and to provide method of payment by DeKalb County; to repeal conflicting laws, and for other purposes.
This 27th day of December, 1979.
Mrs. Mobley (Peggy) Childs 51st District

4004 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Peggy Childs who, on oath, deposes and says that he/she is Representative from the 51st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 1980, January 10, 1980.
Isl Peggy Childs Representative, 51st District
Sworn to and subscribed before me, this 28th day of January, 1980.
Isl Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).
Approved March 26, 1980.
MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 1213 (House Bill No. 1648). AN ACT
To amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. Laws

GEORGIA LAWS 1980 SESSION

4005

1966, p. 2737), as amended by an Act approved April 11, 1973 (Ga. Laws 1973, p. 2603), an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3074), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3816), so as to change the method of selection of members of the Authority; to provide for districts; to provide terms of office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. Laws 1966, p. 2737), as amended by an Act approved April 11, 1973 (Ga. Laws 1973, p. 2603), an Act approved February 8, 1974 (Ga. Laws 1974, p. 2031), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3074), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3816), is hereby amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. Macon-Bibb County Water and Sewerage Authority, (a) There is hereby created a body corporate and politic, to be known as the Macon-Bibb County Water and Sewerage 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, complain and defend in all courts of law and equity, except that the Authority or the Trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents, or employees.
(b) (1) Except as otherwise provided in subsection (c), the Authority shall consist of seven members, five of whom shall be elected as provided in this Section. Of the remaining two members of the Authority, one shall be a member of the governing authority of the City of Macon to be appointed by the governing authority of the City of Macon and one shall be a member of the governing authority of Bibb County to be appointed by the governing authority of Bibb County.

4006 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) For the purpose of electing members of the Authority, Bibb County is divided into five electoral districts as follows:
District 1
Bibb Tract 101 ED's 56 and 57, that portion South of Interstate 16 ED 62 Tracts 106, 107, 108, and 109 Tract 110 Blocks 107 through 111 Tracts 111, 112, 113, and 114 Tract 115 ED's 128, 129, and 130 Tract 116 ED's 46, 47, 48, 49, and 50 Tract 117, except EDVI9 and 20 Tract 133
District 2
Bibb Tract 101 ED's 58, 60, and 61 Tract 102 ED 65 Tracts 103, 104, and 105 Tract 115 ED 127 Tract 116 ED's 14 and 15 Tract 123 ED's 97 and 98 Tract 125 Tract 126 ED's 145, 146, and 147 Tract 127 Tract 128 ED's 135 and 136 Tract 130 Blocks 101 through 124 904 through 906 and 908 through 910 ED 181, that portion East of the Southern Railroad Line

GEORGIA LAWS 1980 SESSION

4007

District 3
Bibb Tract 101 ED's 56 and 57, that portion which lies North of Interstate 16 ED 59 Tract 102 ED's 63 and 64 Tract 110, except Blocks 107 through 111 Tract 117 ED's 19 and 20 Tracts 118, 119, 120, 121, and 122 Tract 123, except ED's 97 and 98 Tract 124 ED's 92, 93, and 172 Tract 134, except that portion South and West of Rocky Creek
District 4
Bibb Tract 124 ED's 90 and 91 Tract 126 ED's 148, 149, and 150 Tract 128 ED's 137, 138, and 139 Tract 129 Tract 130 Blocks 125 through 128, 901, 902, 903, and 907 ED 181, that portion which lies West of the Southern Railroad Line Tracts 131 and 132 Tract 134, that portion which lies South and West of Rocky Creek Tract 135 and 136

4008 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 5
Bibb County in its entirety
(3) For the purposes of this Section, the designation `CCD' shall mean `Census County Division'; and the designation `ED' shall mean `Enumeration District.' The terms `Census County Division,' `Enumeration District,' `Tract,' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia.
(4) One member of the Authority shall be elected to represent each electoral district. Each member shall reside within the district he represents.
(c) (1) The first members to be elected from districts one, two, three, and four as specified in subsection (b) shall be elected at the general election held in November, 1980. Initial members elected to represent districts two and three shall be elected for a term of two years and until the election and qualification of their successors. Initial members elected to represent districts one and four shall be elected for a term of four years and until the election and qualification of their successors. The initial member elected to represent district five shall be elected at the general election held in November, 1984, for a term of six years and until the election and qualification of his successor. Thereafter, all elected members shall be elected for a term of six years and until the election and qualification of their successors. Elected members shall take office on January 1 following the date of their election. Initial appointive members shall be appointed beginning January 1, 1981, and shall serve at the discretion of the appointing governing authority.
(2) The members of the Authority in office on the effective date of the 1980 amendment of this Section shall continue in office until the expiration of the terms for which they are serving on the effective date of the 1980 amendment to this Section. Until the election and qualification of members to represent districts one, two, three, and four, the members in office on the effective date of the 1980 amendment shall constitute the membership of the Authority.

GEORGIA LAWS 1980 SESSION

4009

(d) Any person eligible to vote for members of the General Assembly of Georgia in Bibb County shall be deemed qualified to hold the office of elected member of the Authority; provided that no person shall be eligible to hold office, unless at the time of his election, he shall have attained the age of 21 years; provided, further, that he shall not remove his residence from his district during his term of office on pain of forfeiture thereof.
(e) All elections for members of the Authority shall be conducted by the Macon-Bibb County Board of Elections in accordance with the provisions of Code Title 34, the Georgia Election Code, as the same now exists or may hereafter exist.
(f) Should any vacancy occur among the elective members of the Authority with respect to a term having more than 60 days to run, the remaining members of the Authority shall forthwith notify the judge of the probate court who shall appoint a qualified person to serve until the next general election, at which time a successor shall be elected for the unexpired term. The appointee of the judge of the probate court shall serve until a successor shall have been elected and shall qualify. Any person so elected at such special election shall hold office for the unexpired term for which he was elected. If a vacancy occurs within 60 days from the expiration of the term of the elected member causing the vacancy, no such election shall be held, but the remaining or surviving members of the Authority shall constitute the Authority until the next election. Provided, however, that appointments shall be made in any event and regardless of the time that the vacancy commences if the vacancy of a member causes more than one vacancy to exist on said Authority.
(g) Immediately after election, each member of the Authority shall give bond for the faithful performance of his duties in the sum of $10,000.00, payable to the Governor of the State of Georgia and approved by the judge of the Probate Court of Bibb County.
(h) Each elected member of the Authority shall receive a salary to be fixed by the Authority, payable in monthly installments, not to exceed $4,200.00 per annum. In addition, the members of the Authority may be reimbursed for the actual expenses necessarily incurred in the performance of their duties.

4010 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) The Authority shall have full power to organize, adopt rules for its government, and generally to direct the affairs of the Authority. No vacancy 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.
(j) The chairman of the Authority shall be the member elected to represent district five except that, until the first election of a member to represent district five as provided in this Act, the chairman shall be either the member in office on the effective date of the 1980 amendment to this Section whose term expires in 1982 or the member whose term expires in 1984, as determined by majority vote of the members of the Authority. Each election for the chairman prior to the first election of a member to represent district five shall be for a term of two years and until the election and qualification of his successor. A member shall not be eligible to serve as chairman after the expiration of his term.
(k) A majority of the members in office shall constitute a quorum. The Authority shall have perpetual existence; provided, however, that nothing herein contained shall preclude the General Assembly of Georgia from amending the Act creating the Authority."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Georgia, Bibb County
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Water & Sewerage Authority Act," approved March 2, 1966 (Ga. Laws 1966, p. 2737), as amended; and for other purposes.

GEORGIA LAWS 1980 SESSION

4011

This 27th day of December, 1979.

Honorable David E. Lucas Representative, 102nd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David E. Lucas who, on oath, deposes and says that he/she is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in The Macon Telegraph and News which is the official organ of Bibb County, on the following dates: January 11, 18, 25, 1980.

/s/ David E. Lucas Representative, 102nd District

Sworn to and subscribed before me, this 4th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981.
(Seal).

Approved March 26, 1980.

4012 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF NAHUNTA - NEW CHARTER.
No. 1214 (House Bill No. 1685).
AN ACT
To provide a new charter for the City of Nahunta; to provide for incorporation of the city; to provide for corporate boundaries; to provide for powers, duties, and authority of the city and its governing authority; to provide for a mayor and council; to provide for their elections, compensation, terms of office, powers, duties, authority, and method for filling vacancies; to provide for qualifications; to provide for inquiries and investigations; to provide for meetings; to provide for quorums; to provide for ordinances and codes; to provide for departments, boards, commissions, and authorities; to provide for city officials and employees; to provide for a mayor's court and its jurisdiction; to provide for a judge; to provide for penalties; to provide for rules; to provide for appeals; to provide for elections; to provide for removal of elected officers; to provide for taxation and the practice and procedure connected therewith; to provide for licenses, occupational taxes, and excise taxes; to provide for charges; to provide for financial and fiscal affairs of the city; to provide for budgets and appropriations; to provide for contracts and purchasing; to provide for bonds; to provide for ordinances and regulations; to provide for other matters relative to the foregoing; to repeal specific Acts; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of' Georgia:
Section 1.10. Incorporation. The City of Nahunta, Georgia, in the County of Brantley, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Nahunta, Georgia. Under that name, said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold, or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and

GEORGIA LAWS 1980 SESSION

4013

later may renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.
Sectionl.il. Corporate boundaries, (a) The boundaries of the City of Nahunta shall be as follows:
"All that tract or parcel of land situate, lying and being in the 2nd Land District of Brantley County, Georgia, containing 1805.90 acres and being all of Land Lots Nos. 88 and 89, the Western one-half (1/2) of Land Lots Nos. 104 and 105, the Northwest Quarter of Land Lot No. 106, the North one-half (1/2) of Land Lot No. 87, and portions of Land Lots Nos. 41 and 42, and being more particularly described as follows:
Begin at the Northwest corner of Land Lot No. 89; thence, proceed South 14 degrees 19 minutes 15 seconds West a distance of 4390.44 feet to the Southwest corner of Land Lot No. 89; thence, proceed South 14 degrees 06 minutes 28 seconds West a distance of 2957.02 feet to a point marked by a 2-Inch Pipe; thence, proceed South 82 degrees 28 minutes 28 seconds West a distance of 1084.74 feet to a concrete monument; thence, proceed South 03 degrees 41 minutes 32 seconds East a distance of 419.20 feet to a concrete monument; thence, proceed South 09 degrees 40 minutes 26 seconds East a distance of 74.85 feet to a point marked by an Iron Pin; thence, proceed South 80 degrees 22 minutes 47 seconds West a distance of 406.03 feet to a point marked by an Iron Pin; thence, proceed South 08 degrees 10 minutes 36 seconds West a distance of 183.34 feet to a point marked by a Spike and Cap; thence, proceed South 08 degrees 10 minutes 36 seconds West a distance of 1763.23 feet to a point marked by a Spike and Cap; thence, proceed South 82 degrees 13 minutes 56 seconds East a distance of 423.82 feet to a point marked by a Pipe; thence, proceed North 07 degrees 46 minutes 04 seconds East a distance of 1035.54 feet to a point marked by a 2-Inch Pipe; thence, proceed North 71 degrees 43 minutes 04 seconds East a distance of 845.18 feet to the Southwest corner of Land Lot No. 88; thence, proceed South 14 degrees 06 minutes 28 seconds West a distance of 2149.89 feet to a point marked by a 2-Inch Pipe; thence, proceed South 75 degrees 07 minutes 54 seconds East a distance of 2704.78 feet to a point on the

4014 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Western right-of-way line of the Seaboard Coast Line Railroad, said point being marked by a Light Wood Stake; thence, proceed South 75 degrees 07 minutes 54 seconds East a distance of 4273.39 feet to a point marked by a 2-Inch Pipe; thence, proceed North 14 degrees 13 minutes 23 seconds East a distance of 1098.10 feet to a point marked by a 2-Inch Pipe; thence, proceed North 75 degrees 38 minutes 25 seconds West a distance of 2287.21 feet to a point marked by a Railroad Iron, which point is the Northwest Corner of Land Lot No. 104; thence, proceed North 75 degrees 31 minutes 28 seconds West a distance of 4696.25 feet to a point marked by a 2-Inch Pipe, which point is the POINT OF BEGINNING.
The above description is from that certain plat of survey made by Hugh D. Thomas, Georgia Registered Land Surveyor No. 1395, dated January 1, 1979, and said plat is by reference made a part of this description."
(b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Section 1.12. Specific powers. The corporate powers of the government of the City of Nahunta, to be exercised by the governing authority, may include the following:
(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;
(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions, and to license and regulate such privileges, occupations, trades, and professions, and to provide for the manner and method of payment of such licenses and taxes;
(3) To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; |

GEORGIA LAWS 1980 SESSION

4015

(4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(6) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, On such terms and conditions as the donor or grantor may impose;
(7) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may pe enacted;
(8) To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;
(9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of 35 years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission;
(10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys, and walkways within the corporate limits of the city;

4016 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-203 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted;
(13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; to regulate all housing, building, and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures;
(15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;
(17) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise;

GEORGIA LAWS 1980 SESSION

4017

(18) To license, tax, regulate, or prohibit professional fortunetelling or palmistry;
(19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(22) To fix and establish fire limits and from time to time to extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof;
(23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(24) To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and to provide for the sale of such items;
(25) To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;

4018 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(26) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;
(27) To charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;
(28) To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(29) To define a nuisance and provide for its abatement whether on public or private property;
(30) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
(31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards;
(32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains, and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
(33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance

GEORGIA LAWS 1980 SESSION

4019

such other conduct and activities within said city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;
(34) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance to provide punishment for violation of ordinance enacted hereunder;
(35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(36) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(37) To provide and maintain a system of pensions and retirement for officers and employees of the city;
(38) To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(39) To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be furnished and payments to be made therefor;
(40) To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(41) To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants

4020 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, and for preserving the health, peace, order, and good government of the city;
(42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(43) To exercise the power of arrest through duly appointed policemen;
(44) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(45) To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. General powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter.
Section 1.14. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or

GEORGIA LAWS 1980 SESSION

4021

failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.
Section 1.15. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.
ARTICLE II
Section 2.10. Creation; composition; number; election. The legislative authority of the government of the City of Nahunta, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter.
Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one-half year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Nahunta, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution.
Section 2.12. Vacancy; forfeiture of office; filling of vacancies, (a) Vacancies. The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the laws of the State of Georgia.

4022, LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Forfeiture of office. The mayor or any councilman shall forfeit his office if he:
(1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
(2) willfully and knowingly violates any express prohibition of this charter; or
(3) is convicted of a crime involving moral turpitude.
(c) Filling of vacancies. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V.
Section 2.13. Compensation and expenses. Each councilman shall receive a salary of $30.00 per month. The councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. The mayor shall be entitled to receive his actual and necessary expenses in excess of the $50.00 per month expense allowance of the mayor provided in Section 2.21 with the approval of the council.
Section 2.14. Prohibitions, (a) Holding other office. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected.
(b) Voting when personally interested. Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested.
Section 2.15. Inquiries and investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.

GEORGIA LAWS 1980 SESSION

4023

Section 2.17. General power and authority of the council, (a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Nahunta as provided by Article I.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Nahunta and may enforce such ordinance by imposing penalties for violation thereof.
(c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
Section 2.20. Chief executive officer. The mayor shall be the chief executive of the City of Nahunta. He shall possess, have, and exercise all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter.
Section 2.21. Term; qualification; compensation. The mayor shall be elected for a term of two years and until his successor is elected and qualified. He shall be a qualified elector of the City of Nahunta, shall meet the qualifications required of members of the State House of Representatives by the Georgia Constitution, and shall have been a resident of the City of Nahunta for a period of six months immediately preceding his election. He, shall continue to reside in the City of Nahunta during the period of his, service. The compensation of the mayor shall be $100.00 per month plus $50.00 per month as an expense allowance.
Section 2.22. Powers and duties. As the chief executive of the City of Nahunta, the mayor shall:

4024 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) see that all laws and ordinances of the city are faithfully executed;
(b) appoint and remove all officers, department heads, and employees of the city except as otherwise provided in this charter;
(c) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(d) prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(e) submit to the council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the council may request;
(f) recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(g) call special meetings of the council as provided for in Section 2.31;
(h) approve or disapprove ordinances as provided in Section 2.33;
(i) examine and audit all accounts of the city before payment;
(j) require any department or agency of the city to submit written reports with connection to the affairs thereof whenever he deems it expedient;
(k) perform other duties as may be required by law, this charter, or ordinance.
Section 2.24. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the council shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

GEORGIA LAWS 1980 SESSION

4025

Section 2.30. Organization meeting. The council shall meet for organization on the first Monday in January in each even-numbered year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
Following the induction of members, the council by majority vote of all of the members thereof shall elect one of their number to be mayor pro tern, who shall serve for a term of two years and until his successor is elected and qualified.
Section 2.31. Regular and special meetings, (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the council may be held on call of the mayor or two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least four hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present.' With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting.
(c) All meetings of the council shall be public.
Section 2.32. Rules of procedure. The council shall adopt its rules of procedure and order of business consistent with the provi126--2

4026 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Section 2.33. Quorum; voting. The mayor and two councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll-call vote. The affirmative vote of three councilmen or the mayor and two councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.34. Action requiring an ordinance, (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Nahunta hereby ordains...."
(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate.
Section 2.35. Emergency ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting

GEORGIA LAWS 1980 SESSION

4027

clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three couricilmen or the mayor and two councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed five days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
Section 2.36. Codes of technical regulations, (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements 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.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 2.37. Signing, authenticating, recording, codification, printing, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption.
(b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify.' This compilation shall be

4028 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
known and cited officially as "The Code of the City of Nahunta, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the council.
(c) The council shall cause each ordinance and each amendment in this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first code of the City of Nahunta and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
Section 2.38. Submission of ordinances to the mayor, (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of three members it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein.

GEORGIA LAWS 1980 SESSION

4029

Section 3.12. Administrative and service departments, (a) The council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.
(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.
Section 3.13. Board, commissions, and authorities, (a) All members of boards, commissions, and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable State law.

4030 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) No member of any board, commission, or authority shall hold any elective office in the city.
(c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law.
(d) No member of any board, commission, or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor.
(e) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the council.
(f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance.
(g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(h) Except as otherwise provided by this charter or by applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city.
Section 3.21. Chief executive officer. The mayor shall be the chief executive officer of the government of the City of Nahunta. He shall be responsible to the council for the proper and efficient administration of the affairs of the city.

GEORGIA LAWS 1980 SESSION

4031

Section 3.22. Powers and duties. As chief executive the mayor shall have such powers and duties as are vested in him by ordinance.
Section 3.29. City manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the council, and in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor.
Section 3.30. City attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers, and employees of the city concerning legal aspects of the city's affairs and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.40. City clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.
Section 3.41. Tax collector. The council may appoint a tax collector to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
Section 3.42. City accountant. The council may appoint a city accountant to perform the duties of an accountant.
Section 3.43. Consolidation of functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

4032 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3.50. Position classification and pay plan. The mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Nahunta and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan.
Section 3.51. Personnel policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employees selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Nahunta.
MAYOR'S COURT
Section 4.10. Creation. There is hereby established a court to be known as the Mayor's Court of the City of Nahunta which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance,and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tern shall preside and shall exercise the same powers and duties as the judge when so acting.

GEORGIA LAWS 1980 SESSION

4033

Section 4.11. Judge, (a) The mayor shall serve as judge.
(b) The mayor pro tern shall serve in the absence of the judge.
Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
Section 4.13. Jurisdiction; powers, (a) The mayor's court shall try and punish for crimes against the City of Nahunta and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or seven days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for sixty days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding sixty days.
(b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of State law.
(c) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be, on order of the judge, declared forfeited to the City of Nahunta, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

4034 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.
(e) The mayor's court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court.
(f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena, and warrants which may be served as executed by any officer as authorized by this charter or by State law.
(g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Nahunta granted by State laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances.
Section 4.14. Appeals. Any person convicted in the mayor's court shall have the right to apply for a writ of certiorari to the superior court of the county.
Section 4.15. Rules for court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court; provided, however, that the council may adopt in whole or in part the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least forty-eight hours prior to said proceedings.
REPRESENTATION - GENERAL PROVISIONS
ARTICLE V.
Section 5.10. Regular elections; time for holding. On the second Wednesday in October 1979, and on said date biennially thereafter,

GEORGIA LAWS 1980 SESSION

4035

there shall be an election for the office of mayor. On the same day and month in 1979, four councilmen shall be elected to serve two years in the order of expiration of terms of those now serving as such and on said date biennially thereafter, there shall be an election for four councilmen. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in Section 2.21 of this charter. The four candidates for the office of councilmen who receive the highest number of votes shall be elected.
Section 5.11. Qualifying; nomination of candidates; absentee ballots. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of election in the City of Nahunta.
CONDUCT OF ELECTIONS
Section 5.20. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Nahunta as to primary, special, or general elections shall be in conformity with the provisions of Code Title 34A, the "Georgia Municipal Election Code," as now or hereafter amended.
Section 5.21. Special elections; vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of office of the. mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933, as now or hereafter amended.
REMOVAL OF ELECTIVE OFFICERS
Section 5.30. Grounds for removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:

4036 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) incompetence, misfeasance, or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(d) willful violation of any express prohibition of this charter;
(e) abandonment of office or neglect to perform the duties thereof; or
(f) failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.31. Procedure for removal. Removal of an elected officer from office may be accomplished by one of the following methods:
(a) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Brantley County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the judge of the probate court.
(b) By information filed in the Superior Court of Brantley County as provided by law.
ARTICLE VI.
Section 6.10. Property taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Nahunta. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose.

GEORGIA LAWS 1980 SESSION

4037

Section 6.12. Tax levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council and interest on general obligations.
Section 6.13. Tax due dates and tax bills. The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due.
Section 6.14. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State, or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city.
Section 6.15. Licenses, occupational taxes, excise taxes. The council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Nahunta, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience of advantage of the city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred; and to prescribe

4038 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.
Section 6.16. Sewer service charges. The council by ordinance shall have the right, power, and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Nahunta, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Section 6.17. Sanitary and health services charge. The council shall have authority by ordinance to provide for, to enforce, to levy, and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
Section 6.19. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers to tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa, whether assigned, transferred, or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold

GEORGIA LAWS 1980 SESSION

4039

under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law.
BORROWING
Section 6.20. General obligation bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.21. Revenue bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the "Revenue Bond Law" (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
Section 6.22. Short-term notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year.
Section 6.30. Fiscal year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the city government, unless otherwise provided by State or federal law.
Section 6.31. Preparation of budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content, and form of such budgets and programs.
Section 6.32. Submission of operating budget to city council. On or before a date fixed by the council but not later than sixty days prior to the beginning of each fiscal year, the mayor shall submit to the 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, explanation of major changes recommended for the next fiscal year, a general summary of the

4040 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
budget, and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.33. Action by council on budget, (a) The council may amend the operating budget proposed by the mayor except that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund.
(b) The council shall adopt the final operating budget for the ensuing fiscal year not later than the fifteenth day of May of each year. If the 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 council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, 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 6.34. Property tax levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Nahunta. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Nahunta.

GEORGIA LAWS 1980 SESSION

4041

Section 6.35. Additional appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies.
Section 6.36. Capital improvements budget, (a) On or before the date fixed by city council but not later than sixty days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants when passed by two-thirds' vote of the membership of the council.
(b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the fifteenth day of May of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council.
Section 6.40. Contracting procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the council.
Section 6.41. Centralized purchasing, (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Nahunta.

4042 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The council may sell and convey any real or personal property owned or held by the City of Nahunta for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city.
(c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VIII.
Section 8.10. Official bonds. The officers and employees of the City of Nahunta, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.
Section 8.11. Existing ordinances and regulations. Existing ordinances and resolutions of the City of Nahunta not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Nahunta not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.

GEORGIA LAWS 1980 SESSION

4043

Section 8.12. Section captions. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof.
Section 8.13. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed sixty days or both such fine and imprisonment.
Section 8.14. Specific repealer. An Act incorporating the City of Nahunta in the County of Brantley, approved July 28, 1925 (Ga. Laws 1925, p. 1273), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 8.15. Severability. In the event any section, subsection, sentence, clause or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this charter, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 8.17. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill creating a new charter for the City of Nahunta, redefining the city limits and for other purposes.

4044 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This the 6th day: of December, 1979.
Mayor and Council The City of Nahunta By: Earl Daniel Smith, City Attorney for The City of Nahunta
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James C. Moore who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brantley Enterprise which is the official organ of Brantley County, on the following dates: December 26, 1979, January 2, 1980, January 9, 1980.
Isi James C. Moore Representative, 152nd District
Sworn to and subscribed before me, this 21st day of January, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4045

SMALL CLAIMS COURTS CREATED IN CERTAIN COUNTIES (32,300 - 32,700).
No. 1215 (House Bill No. 1699).
AN ACT
To create and establish a small claims court in certain counties of this state; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for initial appointments and subsequent elections, duties, powers, compensation, qualifications, substitutions, and tenure of the judges of said courts; to provide for vacancies; to provide for qualifications of officers of said courts; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more marshals of and for said courts and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said courts; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide for costs; to provide for contempt and the penalty therefor; to provide for validating the acts of said courts and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a small claims court of in each county of this state having a population of not less than 32,300 and not more than 32,700 according to the United States decennial census of 1970 or any future such census. Said courts shall have civil jurisdiction in cases ex contractu and ex delicto in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.

4046 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. (a) In order to serve as a judge of any small claims court created by this Act, a person must be a resident of the county in which he is appointed, be at least 25 years of age, be a member of the State Bar of Georgia or in lieu thereof be or become a certified justice of the peace within 12 months after appointment, and otherwise must be a person of outstanding character and integrity.
(b) All other officers, now or hereafter provided, appointed to or employed by said courts must be at least 21 years of age, be or become certified justices of the peace within 12 months after their respective appointments, and be residents of the county in which they are appointed or employed.
Section 3. (a) The governing authority in any such county shall fix the compensation of the judge of such court but the same shall not be less than $15,000.00 per annum.
(b) The judge shall appoint a clerk who shall be a certified justice of the peace and who shall have all of the criminal jurisdiction granted to justices of the peace by the laws of this state, including specifically the power to issue warrants. The governing authority shall fix the compensation of such clerk.
(c) The judge or his clerk shall be available on a 24 hour basis, seven days a week, for the issuance of warrants to law enforcement officers for the apprehension of persons charged on oath with a violation of the penal laws of this state.
Section 4. Whenever the judge of a small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, any judge of the superior court of the judicial circuit or any judge of a state court located in said counties, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 5. All fees collected by the judge, as herein authorized, shall be accounted for and paid into the county treasury.

GEORGIA LAWS 1980 SESSION

4047

Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified marshal of the small claims court, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(e) ' Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour, and location of the hearing, which date shall be not less than ten nor more than 30 days from the date of the service of said notice.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $9.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of

4048 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
cost in cases of attachment, garnishment, or trover shall be $13.50, including service cost. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from a small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The court shall be entitled to a fee of $9.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may

GEORGIA LAWS 1980 SESSION

4049

be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of a small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 13. The chief judge of the superior court presiding in any such county may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of a small claims court shall have the power to appoint one or more marshals of and for said small claims court to act within and throughout the limits of such county. Such marshals shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "small claims court marshal." Any such small claims court marshal shall have the powers and authority and shall be subject to the penalties of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said small claims court. Said marshals shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such marshals shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such marshals shall be subject to

4050 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said counties and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio marshals of said court.
Section 15. A judgment of a small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for such county and the entry thereof is made by the clerk in the general execution docket for said county.
Section 16. Appeals may be had from judgments returned in a small claims court to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from a small claims court to the superior court, the same to be a de novo appeal.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

"Small Claims Court of !

County Georgia

Plaintiff Address
vs. Defendant

GEORGIA LAWS 1980 SESSION

4051

Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)

State of Georgia County of
being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

, 19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)
TO:

Notice. Defendant

Home Address or

Business Address

4052 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

$

, as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

M. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.

If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.

If you wish to have witnesses summoned, see the court at once for assistance.

If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.

You may come with or without an attorney.

Judge-Clerk of the

Small Claims Court

of

County

(Seal)."

Section 18. On or before the effective date of this Act, the Governor shall appoint a duly qualified person to serve as the judge of each of said courts until December 31, 1980. Thereafter, the judges of said courts shall be elected at the general election immediately preceding the expiration of their respective terms of office. Successors to the judges of said courts shall assume office on the first day of January following their election, and they shall serve for terms of
office of four years each and until their successors are elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the governing authority in such counties, and such successor shall serve until the next general election at which time a successor shall be elected.

GEORGIA LAWS 1980 SESSION

4053

Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said courts, shall be furnished by the governing authority in such counties. They shall also provide suitable facilities in county buildings for holding court.
Section 20. Said small claims court shall have no designated terms at stated periods. The judges thereof shall, in each instance, set dates for all hearings and trials in each type of case. They shall also designate the time or times for the return of attachments and executions. Said judges shall have jurisdiction to issue summons of garnishment and other orders in accordance with the garnishment laws of this state.
Section 21. Any judge of such courts shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than 24 hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 22. The fees of the marshal or sheriff for the execution of a fi. fa. shall be $7.00, plus a reasonable amount for drayage, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00.
Section 23. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

4054 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.
GAINESVILLE AREA PARK COMMISSION ACT.
No. 1216 (House Bill No. 1705).
AN ACT
To create the Gainesville Area Park Commission and to authorize such commission, to acquire, construct, equip, maintain and operate a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to confer powers and to impose duties on the Commission; to provide for the membership and for the appointment of members of the Commission and their term of tenure and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Commission, payable from the revenues, tolls, fees, charges and earnings of the Commission including, but not limited to, earnings derived from leases and income from conveyances of real property of the Commission, and to pay the cost of such undertakings and authorize the collection and pledging of the revenues 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 provide that no debt of City of Gainesville or Hall County shall be incurred in the exercise of any of the powers

GEORGIA LAWS 1980 SESSION

4055

granted by this Act; to make the bonds or obligations of the Commission exempt from taxation; to grant the Commission the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga.L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga.L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short Title - This may be cited as the "Gainesville Area Park Commission Act."
Section 2. Gainesville Area Park Commission - (a) There is hereby created a body corporate and politic to be known as the Gainesville Area Park Commission (hereinafter "Commission"), which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Commission or a trustee acting under a trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees thereof. The Commission is hereby granted the same exemptions and exclusions from taxes as are 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 provided under the provisions of this Act.
(b) The Commission shall consist of seven (7) members who shall be residents of Hall County within or without the corporate limits of the City of Gainesville. Initially the members shall be as follows:
1. James E. Mathis - four years from date of approval of Act;

4056 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2. Ed Wayne - four years from date of approval of Act;
3. Hugh Mills - three years from date of approval of Act;
4. J. M. McRae - three years from date of approval of Act;
5. George Stump - two years from date of approval of Act;
6. Pierce Hancock - two years from date of approval of Act; and
7. James Rogers - one year from date of approval of Act.
Thereafter, the City Commission of the City of Gainesville shall select their successors. Each member so selected shall serve a term of four years. The Commission shall elect one of its members as chairman and another member as vice chairman and it shall also elect a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Commission and if not a member he or she shall have no voting rights. A majority of the members of the Commission shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the Commission by this Act. No vacancy shall impair the right of the quorum to transact any and all business as aforesaid. The members of the Commission shall serve without 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 government. It shall have perpetual existence.
Section 3. Definitions - As used in this Act, the following words and terms shall have the following meanings:
(a) The word "Commission" shall mean the Gainesville Area Park Commission created in Section 2 of this Act. The Commission shall have all powers of an Authority and everywhere the word "Commission" is used it shall include the word Authority, as said term is used in the Constitution of the State of Georgia and the statutes relating thereto.

GEORGIA LAWS 1980 SESSION

4057

(b) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, deemed by the Commission to be necessary, convenient or desirable.
(c) The term "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 conveyances 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 any project, financing charges, interest prior to and during construction, and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized, and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the "cost of the project" and may be paid or reimbursed as such out of any funds of the Commission, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects.
(d) The terms "revenue bonds," "bonds" and "obligations" as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et.seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and such type of obligations may be issued by the Commission as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obligations of the Commission the 127--2

4058 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
issuance of which are hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judgment of the Commission, the revenues and earnings to be derived by the Commission therefrom and all properties used, leased and sold in connection therewith, together with grants which may be received for the benefit of the project from the United 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 and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 4. Powers - The Commission shall have powers:
(a) To have a seal and alter the same at pleasure;
(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(c) 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 of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Commission; and if the Commission shall deem it expedient to construct any project on any lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Commission upon payment to the director, Fiscal Division, Department of Administrative Services for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Commission; and if the Commission shall deem it expedient to construct any project on any lands the title to which shall then be in Hall County or in any municipality incorporated in said county, the governing authority or body of said county or of any of said munici-

GEORGIA LAWS 1980 SESSION

4059

palities, is hereby authorized to convey title to such lands to the Commission if said property is unserviceable or cannot be advantageously or beneficially used by said county or municipalities upon payment for the credit of the general funds of said county or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the Chairman of the Commission;
(d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Commission upon such terms and for such purposes as they deem advisable;
(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Commission or from such proceeds or other funds and any grant from the United States of America or the State of Georgia or any agency or instrumentality of either of them;
(g) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose;
(h) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision, may impose;

4060 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State;
(k) The Commission is specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Commission was created, except as such right and power may be limited as provided in Section 17 hereof;
(l) To do all things necessary or convenient to carry out the powers expressly given in this Act.
(m) Notwithstanding anything to the contrary contained in this Act, the Commission shall exercise its powers only over lands which have heretofore been donated and conveyed by Johnson and Johnson to the City of Gainesville, Georgia, which land the Commission is hereby specifically authorized to receive and over lands contiguous thereto, which are donated to the Commission at any time in the future by any person, firm, corporation, or governmental entity.
Section 5. Revenue Bonds - The Commission, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Commission created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects and to establish a reasonable debt service reserve in connection with any bond issue. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each 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 the Revenue Bond Law or any amendment thereto, or any other law. Interest on any such bonds

GEORGIA LAWS 1980 SESSION

4061

shall be payable semi-annually, 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 Commission, and may be made redeemable before maturity, at the option of the Commission, at such price or prices and under such terms and conditions as may be fixed by the Commission in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the procedures set forth in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga.L. 1937, p. 761 et seq.), as amended, and all procedures pertaining to such issuance, including the issuance of bonds in exchange for outstanding bonds, the validation certificate of the Clerk of the Superior Court, and the execution of the same, shall be the same as those contained in said Revenue Bond Law as now or hereafter amended.
Section 6. Same; Form; Denomination; Registration; Place of Payment - The Commission 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 without the State. The Bonds may be issued in coupon or registered form, or both, as the Commission may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest, and the Commission may make such provisions 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 Chairman of the Commission and attested by the Secretary and Treasurer of the Commission and the official seal of the Commission shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Commission. Any coupon may bear the facisimile 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 have been so authorized or shall not have held

4062 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
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 delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
Section 8. Same; Negotiability; Exemption From Taxation - All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
Section 9. Same; Sale; Proceeds - The Commission may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Commission and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 10. Same; Interim Receipts and Certificates or Temporary Bonds - Prior to the preparation of definitive bonds, the Commission may, under like restrictions issue interim receipts, interim certificates or temporary bonds with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 11. Same; Replacement of Lost or Mutilated Bonds The Commission may also provide 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 revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special meeting of the Commission by a majority of its members.

GEORGIA LAWS 1980 SESSION

4063

Section 13. Credit Not Pledged - Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of City of Gainesville, Hall County, or the State of Georgia, nor a pledge of the faith and credit of said City, County, or State but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said City or said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
Section 14. Trust Indenture As Security - In the discretion of the Commission, any issue of such revenue bonds may be secured by a trust indenture by and between the Commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, earnings or grants to be received by the Commission, including the proceeds derived from the sale from time to time of any surplus property of the Commission, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Commission in relation to the acquisition of property, the construction of projects, the maintenance, operation, repair and insurance of projects, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Commission, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Commission and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Commission. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust

4064 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
indenture may contain such other provisions as the Commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 15. To Whom Proceeds of Bonds Shall Be Paid - The Commission shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking Fund - The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived 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 revenue bonds of the Commission as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing

GEORGIA LAWS 1980 SESSION

4065

the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered.
Section 17. Remedies of Bondholders - Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Commission, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding Bonds - The Commission is hereby authorized to provide by resolution for the issuance of bonds of the Commission for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Commission in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Venue and Jurisdiction - Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Commission shall be brought in the Superior Court of Hall County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 20. Validation - Bonds of the Commission shall be confirmed and validated in accordance with the procedure of the Reve-

4066 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department, agency or instrumentality of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Commission for the services and facilities of or with respect to the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision, department, agency, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the security for the payment of any such bonds of the Commission. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Commission issuing the same, the State and any municipality, county, authority, political subdivision, department, agency, or instrumentality, if a party to the validation proceedings, contracting with the Commission.
Section 21. Interest of Bondholders Protected - While 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 adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Commission to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Commission. The provisions of this Act shall be for the benefit of the Commission and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 22. Moneys Received Considered Trust Funds - All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

GEORGIA LAWS 1980 SESSION

4067

Section 23. Purpose of the Commission - Without limiting the generality of any provisions of this Act, the general purposes of the Commission are declared to be: acquiring, constructing, equipping, maintaining and operating a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, stadiums, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease or sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas; and doing any and all things deemed by the Commission necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Section 24. Rates, Charges and Revenues; Use - The Commission is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its land and facilities.
Section 25. 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 provisions of this Act, including the basis on which recreational facilities shall be furnished.

4068 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 26. 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 private or corporate benefit and income, and such properties and the Commission shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof; provided, however, that the provisions of this Section shall not prohibit or inhibit the lease or use of Commission properties for private purposes which in the sole judgment of the Commission support the general purposes of the Commission.
Section 27. (a) At the conclusion of each fiscal year of the Commission, the affairs of the Commission shall be audited' by a certified public accounting firm. A synopsis of the audit shall be published in the official organ of Hall County as soon as the report of the auditors is submitted to the Commission.
Section 28. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
Section 29. Liberal Construction of Act. This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia, of Hall County, and of the City of Gainesville, shall be liberally construed to effect the purposes hereof.
Section 30. Effect of Partial Invalidity of Act - Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 31. Repeal - This Act does not in any way take from the City of Gainesville, Hall County or any municipality located

GEORGIA LAWS 1980 SESSION

4069

therein, the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq.), as amended.
Section 32. Repealer - All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1980 Session of the General Assembly for the State of Georgia, a Bill to create the Gainesville Area Park Commission and to authorize such Commission to acquire, construct, equip, maintain and operate recreational centers and areas; to provide for acquiring real and personal property; to convey powers and impose duties; to provide for membership and term of tenure; to authorize the issuance of revenue bonds or obligations; to authorize the execution of trust indentures to secure the payment of bonds; to provide that no debt of the City of Gainesville or Hall County shall be incurred in the exercise of any of the powers granted the Commission; to make the bonds or obligations exempt from taxation; to create the right of eminent domain; to authorize the issuance of refunding bonds; to provide that such bonds be validated by revenue bond law; to repeal conflicting laws and for other purposes.
This 23rd day of January, 1980.
Joe T. Wood Representative, 9th District, Post One Robert W. Lawson, Jr. Representative, 9th District, Post Two

4070 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Jerry D. Jackson Representative, 9th District, Post Three Howard T. Overby State Senator, 49th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Daily Times which is the official organ of Hall County, on the following dates: January 25,31, 1980, February 7, 1980.
Isl Jerry D. Jackson Representative, 9th District
Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4071

WALKER COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED.
No. 1217 (House Bill No. 1708).
AN ACT
To amend an Act creating the Walker County Water and Sewerage Authority, approved March 23, 1977, (Ga. L. 1977, p. 3303,et seq.) as amended, so as to change the compensation of each member of the Authority including the compensation of the Chairman; to provide an effective date; and to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating Walker County Water and Sewerage Authority approved March 23, 1977, (Ga. L. 1977, p. 3303, et seq.) as amended, is hereby amended by striking in Section 2, Paragraph (b) the next to last sentence thereof which reads as follows:
"The members of the Authority shall be entitled as compensation for their services an amount not to exceed $ 1,200.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $1,500.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties!", and substituting in lieu thereof the following:
"The members of the Authority shall be entitled as compensation for their services an amount not to exceed $2,400.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $2,700.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.",
so that when amended Paragraph (b) of Section 2 of said Act shall read as follows:
Section 2.

4072 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The Authority shall consist of five members who shall be appointed by the Commissioner of Walker County. The Commissioner of Walker County shall be eligible and qualified to be appointed and serve as a member of the Authority, and the Commissioner may appoint himself as one of the members of the Authority. The initial members of the Authority shall be appointed by the Commissioner of Walker County as follows: one member shall be appointed for a term of office expiring on June 1, 1978; one member shall be appointed for a term of office expiring on June 1, 1979; one member shall be appointed for a term of office expiring on June 1, 1980; one member shall be appointed for a term of office expiring on June 1, 1981; and one member shall be appointed for a term of office expiring on June 1, 1982. The initial members of the Authority shall take office immediately upon their appointment and qualification and shall serve until their respective successors are duly appointed and qualified. Successors shall be appointed by said Commissioner of Walker County in the month of May immediately preceding the expiration of a member's term of office and such successor shall take office on the first day of June for a term of five years or until his respective successor is duly appointed and qualified. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments the members of such Authority shall enter upon their duties. The members of the Authority shall be entitled as compensation for their services an amount not to exceed $2,400.00 per year, payable in equal monthly payments, except the Chairman, who shall be entitled to receive for his services an amount not to exceed $2,700.00 per year, payable in equal monthly payments, and additionally all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the Authority.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

GEORGIA LAWS 1980 SESSION

4073

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating the Walker County Water and Sewerage Authority,
approved March 23, 1977, (Ga. L. 1977, p. 3303 et seq.) as amended; and for other purposes.

This 7th day of January, 1980.

Norman S. Fletcher, Attorney for Walker County Water and Sewerage Authority

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 9, 16, 23, 1980.

/si Wayne Snow, Jr. Representative, 1st District

Sworn to and subscribed before me, this 11th day of February, 1980.

Jsl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981.
(Seal).

4074 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating the Walker County Water and Sewerage Authority, approved March 23, 1977, (Ga. L. 1977, p. 3303 et seq.) as amended; and for other purposes.
This 7th day of January, 1980.
Norman S. Fletcher, Attorney for Walker County Water and Sewerage Authority
Georgia, Walker County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman S. Fletcher, who, on oath, deposes and says that he is the Attorney for Walker County Water and Sewerage Authority, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County on the following dates: January 9, 16 and 23, 1980.
/si Norman S. Fletcher Attorney for Walker County Water and Sewerage Authority

GEORGIA LAWS 1980 SESSION

4075

Sworn to and subscribed before me, this 6th day of February, 1980.
Is! Betty Jane Chambers Notary Public, Walker County, Georgia. My Commission Expires: 12/7/82. (Seal).
Approved March 26, 1980.

WALKER COUNTY RURAL WATER AND SEWER AUTHORITY ACT AMENDED.
No. 1218 (House Bill No. 1710).
AN ACT
To amend an Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967, p. 3370), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3526), so as to change provisions relating to the members of the authority and their selection; to provide for an annual meeting of users of the authority; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Walker County Rural Water and Sewer Authority, approved April 21, 1967 (Ga. Laws 1967, p. 3370), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 3526), is hereby amended by striking in its entirety Section 2 and inserting in its place a new Section 2 to read as follows:

4076 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2. Walker County Rural Water and Sewer Authority, (a) There is hereby created a body corporate and politic, to be known as the Walker County Rural Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded,complain and defend in all courts of law and equity.
(b) The authority shall consist of five members, all of whom shall be residents of Walker County, Georgia, all of whom shall reside outside the corporate limits of any municipality in said county and shall at the time of appointment be users of the facilities of the authority. The provisions as to being a user shall not apply to the members of the authority originally appointed or to the members named in subsection (1) of this section. No member shall be eligible for reappointment for a period of two years from the expiration date of his previous term except a member appointed to fill a vacancy shall not be disqualified to be elected to that office by the users. Notwithstanding any other provision herein, all members of the authority shall serve until their successors are appointed and qualified. To be eligible for appointment no member shall have been found guilty of a felony. A member must be at least 21 years of age and a resident of Walker County for at least two years prior to his appointment.
(c) The members shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary or treasurer or secretary-treasurer, who need not necessarily be a member of the authority. The chairman and vice-chairman, secretary, treasurer, and secretary-treasurer shall serve for a period of one year and until their successors are appointed and qualified. Three members of the authority shall constitute a quorum.
(d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the next March meeting for the election of members.
(e) Members of the authority shall lose their positions as such upon being found guilty of a felony, moving from Walker County,

GEORGIA LAWS 1980 SESSION

4077

moving into any municipality within Walker County, and by action of the Walker County grand jury for any act of misfeasance, malfeasance, or nonfeasance in the sole discretion of the said grand jury.
(f) No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(g) The chairman of the authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.
(h) The members of the authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
(i) The authority shall have a complete audit of its financial record made at least once in each calendar year by a certified public accountant, and such audit shall be published in the official newspaper of Walker County at least once each calendar year and within one month of the submission thereof.
(j) During the month of March, 1982, and in the month of March of each year thereafter, a meeting of those persons, firms, corporations, companies, and organizations who use the facilities of the authority shall be called by the authority for the purpose of electing successors to those members whose terms expire in such year and to elect a member to fill any unexpired term of a member whose office is vacant or filled by a replacement appointed by the members. If, for any reason whatsoever, the users of the system shall fail to elect a member at any annual meeting, the remaining members of the authority shall appoint, by majority vote, a duly qualified person as a member of the authority to serve until the next annual meeting of the users.
(k) Annual meetings of the users of the facilities of the authority shall be held in March of each year. Such annual meeting shall be called by the authority, after notice thereof has been published in the newspaper in Walker County in which the sheriff's advertisements are published, at least ten days prior to the date of such

4078 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
meeting. The authority is hereby authorized to promulgate and adopt rules and regulations providing for the method and procedures for holding such annual meetings and elections.
(1) (1-) As of April 1, 1979, the following persons shall begin serving as members:
(A) C. H. Mathis of Rock Springs;
(B) Carlos Allen of LaFayette;
(C) Duran Crowder of LaFayette;
(D) Neil McDaniel of Rock Springs; and
(E) B. P. Durden of LaFayette.
(2) All of said members shall serve at least until the March, 1982, meeting. At some time before March, 1982, the members shall select one member whose successor shall be elected in March, 1982; one member whose successor shall be elected in March, 1983; one member whose successor shall be elected in March, 1984; one member whose successor shall be elected in March, 1985; and one member whose successor shall be elected in March, 1986.
(3) All successors to the above-named members shall serve for five years."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and pjtfts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular session of the General Assembly, 1980, a bill to amend the act

GEORGIA LAWS 1980 SESSION

4079

creating the Walker County Rural Water and Sewer Authority, so as to provide for successors to the original members of the Walker County Rural Water and Sewer Authority and to extend their terms of office until the system is in operation or until new members are appointed by the first Grand Jury empaneled by the Superior Court of Walker County in the year 1983, whichever event first occurs.

This the 20th day of December, 1979.

Burton Brown,
Attorney for Walker County, Rural Water and Sewer Authority

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is
the official organ of Walker County, on the following dates: January 2,9, 16, 1980.

Isi Wayne Snow, Jr.
Representative, 1st District

4080 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1219 (House Bill No. 1728). AN ACT
To provide for the powers and purposes of the East Point Business and Industrial Development Authority; to change the composition of the membership of the Authority; to change the definition of a certain term; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In addition to the rights, powers, immunities and duties conferred and imposed upon the East Point Business and Industrial Development Authority, herein called the Authority, by the amendment to the Constitution of the State of Georgia (Ga. Laws 1975, p. 1705) ratified at the 1976 general election, the Authority shall have the further rights, powers, immunities and duties conferred and imposed upon Development Authorities in accordance with the provisions of the Development Authorities Law, Ga. Laws 1969, p. 137 (codified in Ga. Code Ann. Ch. 69-15),

GEORGIA LAWS 1980 SESSION

4081

as such rights, powers, immunities, and duties now exist and may hereafter be enlarged by law.
Section 2. The Authority shall not transact any business or exercise any powers hereunder until the governing body of the City of East Point shall, by proper resolution, declare that there is a need for the Authority to function in such municipal corporation as a Development Authority under the provisions of the Development Authorities Law. A copy of said resolution shall be filed with the Secretary of State.
Section 3. (a) After the effective date of this Act, the Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of East Point, Georgia, or his designated member from the City Council of the City of East Point.
(b) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months shall be eligible for nomination to membership on the Authority.
(c) Composition and Appointments. The remaining six positions for membership in the Authority shall be comprised as follows: Three of the six positions shall be filled through a process of nomination by the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point shall submit two nominees to the City Council of the City of East Point from which said City Council shall select one of said nominees to serve as a member of the Authority. In the event the City Council is unsatisfied with both of the names submitted, it may request the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point to submit new nominees repeating the process until a member has been selected. The remaining three positions for membership on the Authority shall be filled by the aforesaid process of nomination by the Planning and Zoning Commission. One of said positions shall be filled by submitting two names from the Planning and Zoning Commission to the Mayor and Council for selection of one of the members of the Planning and Zoning Commission as a member of the Authority. Provided that the member of the Authority appointed as a member of the Planning and Zoning Commission must, in order to remain qualified as a member of the Authority, continue throughout the term of membership on the Authority as a

4082 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
member of the Planning and Zoning Commission. The remaining two positions shall be filled by the nomination process through the Planning and Zoning Commission from the citizenry of the City of East Point. The Mayor of the City of East Point or his designee shall serve during the term of office for which he was elected. The Chairman of the Authority shall be selected by a majority of its members at the first annual meeting of each calendar year. The members of the Authority shall serve four (4) year staggered terms as follows: For the initial membership of the Authority, of the Three (3) positions filled by nominations from the East Point Business and Professional Association, Inc. or similar organization as designated by the Mayor and Council of East Point and the Planning and Zoning Commission of the City of East Point, one position shall be filled for a one-year term, two positions shall be filled for two-year terms, two positions shall be filled for three-year terms and one position for a four-year term. Thereafter, upon completion of a term for appointment, each successor shall be appointed for a fouryear term and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending December 31. The members of the Authority shall enter upon their duties immediately after such appointment. The Authority shall elect one of its members to serve as Vice Chairman who shall be elected for a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall select one of its members in the same manner for a one-year term. The Authority shall also select a Secretary-Treasurer which Secretary-Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary-Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary-Treasurer. Four members of the Authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner that such member originally became a member of the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of

GEORGIA LAWS 1980 SESSION

4083

members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
Section 4. As used in conjunction with the East Point Business and Industrial Development Authority and under the provisions of the Constitution and this Act, the word "projects" or "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of any public project, and shall include but not necessarily be limited to public buildings or other public facility, parking lots, garages, or other parking structures, public meeting and exhibition space, or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate traffic congestion in the City of East Point and thereby better protect the lives and property of its residents and others using its streets.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that the City of East Point, Georgia, intends to apply for the passage of local legislation in the 1980 regular session of the General Assembly of Georgia, which convenes in January, 1980. The title of the bill or bills to be introduced shall be entitled as follows:
An Act to amend a resolution proposing an amendment to the Constitution of the State of Georgia so as to create the East Point Business and Industrial Development Authority (Ga. L. 1975, 1705, et seq. as approved by ratification of the constitutional amendment in the general election of 1976) to amend the powers and purposes of the authority; to repeal conflicting laws; and for other purposes.

4084 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 8th day of January, 1980.
City of East Point By: George N. Sparrow, Jr. Attorney for the City of East Point and East Point Business and Industrial Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he/she is Representative from the 40th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 23, 30, 1980, February 6, 1980.
Isl Dick Lane Representative, 40th District
Sworn to and subscribed before me, this 12th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4085

MITCHELL COUNTY^--L1 CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS.
No. 1220 (House Bill No. 1733).
AN ACT
To abolish the present mode of compensating the clerk of the Superior Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the clerk of the Superior Court of Mitchell County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The clerk of the superior court shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a clerk of the superior court in a county having the same population as Mitchell County. The salary shall be payable in equal monthly installments from county funds.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county

4086 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
treasury, the clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. Subject to the provisions of Section 6, the clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Mitchell County.
Section 6. Not later than the second Monday of September in each year the clerk of the superior court shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the clerk, the number and salaries of employees of the clerk, and all other lawful expenditures proposed for the operation of the office of the clerk. The county governing authority, after consultation with the clerk shall decide, within its discretion, on the final budget. The

GEORGIA LAWS 1980 SESSION

4087

decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year.
Section 7. This Act shall become effective January 1, 1981.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation.
Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Clerk of Superior Court of Mitchell County on salary, fixing the salary of such office and for other purposes.

Board of Commissioners of Mitchell County Frank S. Twitty* Sr. County Attorney Camilla, Georgia

Georgia, Mitchell County.

Personally appeared before me the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear.
Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11,18 and 25, 1980.

/s/b B. T. Burson

4088 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 31st day of January, 1980.
Isl Kellie P. White Notary Public. My Commission Expires Sept. 13, 1982. (Seal).
Approved March 26, 1980.
MITCHELL COUNTY - PROBATE JUDGE PLACED ON SALARY BASIS.
No. 1221 (House Bill No. 1735).
AN ACT
To abolish the present mode of compensating the judge of the Probate Court of Mitchell County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said office shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the Probate Court of Mitchell County, known as the fee system, is hereby abolished, and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

GEORGIA LAWS 1980 SESSION

4089

Section 2. The judge of the probate court shall receive an annual salary to be determined within the discretion of the governing authority of Mitchell County, except that the annual salary shall never be less than the minimum annual salary provided by general law for a judge of the probate court in a county having the same population as Mitchell County together with the compensation as provided by law for the judge of the probate court of any county who also holds and conducts elections or is responsible for conducting elections for members of the General Assembly. The annual salary shall be paid in equal monthly installments from county funds.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for all services in any capacity, excepting compensation as local registrar and local custodian of vital records, including issuing certified copies, and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the sources thereof.
Section 4. Subject to the provisions of Section 6, the judge of the probate court shall have the authority to appoint such deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to pre128-2

4090 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
scribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the judge of the probate court's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, telephones, utilities, uniforms, and equipment, and the repair, replacement, and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose.
Section 6. Not later than the second Monday of September in each year the judge of the probate court shall submit a proposed budget for his office for the ensuing budget year to the county governing authority. The proposed budget shall include the salary of the judge, the number and salaries of employees of the judge, and all other lawful expenditures proposed for the operation of the office of the judge. The county governing authority, after consultation with the judge shall decide, within its discretion, on the final budget. The decision of the county governing authority on the budget shall be binding on all parties for the ensuing calendar year.
Section 7. This Act shall become effective January 1, 1981.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Local Legislation. Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Judge of Probate Court of Mitchell County on salary, fixing the salary of such office and for other purposes.
Board of Commissioners of Mitchell County Frank S. Twitty, Sr. County Attorney Camilla, Georgia

GEORGIA LAWS 1980 SESSION

4091

Georgia, Mitchell County.

Personally appeared before the undersigned officer authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear.
Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of January 11,18 and 25, 1980.

Isl B. T. Burson

Sworn to and subscribed before me, this 31st day of January, 1980.

/s/ Kellie P. White Notary Public. My Commission Expires Sept. 13, 1982. (Seal).

Approved March 26, 1980.

COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY CREATED.
No. 1222 (House Bill No. 1736).
AN ACT
To create the Cobb-Marietta Coliseum and Exhibit Hall Authority; to authorize the authority to acquire, construct, improve, alter,

4092 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
repair, operate, and maintain self-liquidating projects embracing buildings and facilities to be used for amusement, recreational, or educational purposes and for fairs, expositions, or exhibitions in connection therewith and to acquire and construct all property and things necessary or convenient for the purposes of such project and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the authority; to designate the procedure for the selection of members of the authority; to authorize the authority and the various cities, towns, municipalities, and counties of the state to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority to pay the cost of such projects; to authorize the collection and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust instruments, mortgages, and encumbrances of the authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the state nor of any city, town, municipality, or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue or jurisdiction of the actions relating to any provisions of this Act; to limit the period of time in which any action may be brought to contest the validity of such bonds or of any security provided therefor; to provide for the severability of the provisions of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. It is hereby declared that there exists in Cobb County and the North Georgia Area a need for an authority to function without profit in developing and promoting for the public good in this state the cultural growth, public welfare, education, and recreation of the people of this state.

GEORGIA LAWS 1980 SESSION

4093

Section 2. There is hereby created a public body, corporate and politic, to be known as the Cobb-Marietta Coliseum and Exhibit Hall Authority, which shall be deemed to be an instrumentality and a subordinate public corporation of the State of Georgia. Any funds realized by said authority shall be expended for the development and promotion in this state of the cultural growth, public welfare, education, and recreation of the people of this state including the erection and construction of a building or buildings which shall and
hereby are declared to be public buildings to be used for amusement purposes or educational purposes or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, 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.

Section 3. (a) The authority shall consist of seven members. The board of commissioners of Cobb County shall choose three members who shall serve as members of Posts 1, 2, and 3, respec-
tively. The council of the City of Marietta shall choose three members who shall serve as members of Posts 4, 5, and 6, respectively. The seventh member who shall serve as a member of Post 7 shall be chosen by a majority vote of the members of Posts 1 through 6.

(b) Should the members of Posts 1 through 6 fail to appoint a member of the authority as provided herein within 30 days of a vacancy in Post 7, any person may bring an action in the Superior Court of Cobb County alleging a failure to appoint such a member. The senior judge of such court shall issue a rule nisi ordering the members of the authority to show cause why a seventh member should not be appointed. After a hearing as described herein the senior judge may appoint a member to serve in Post 7 or take other action to fill said post.

, (c) The members of the authority shall serve for a term of five years or until their successors are selected and qualified. The terms of the initial members of the authority shall expire as follows:

Post 1 2 3 4 5 6 7

June 1, 1983 June 1, 1984 June 1, 1985 June 1, 1983 June 1, 1984 June 1, 1985 June 1, 1985

4094 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Vacancies on the authority shall be filled by the body designated to fill such posts described in subsection (a) above. The appointment of any person to fill an expired term shall be only for the remainder of such term.
(e) The board of commissioners and council of the City of Marietta shall proceed to select the members of the authority immediately after the effective date of this Act. Immediately after the selection of the members appointed by the board of commissioners and council of the City of Marietta, the members shall meet and select a member for Post 7 as required by this Act.
(f) After selection of a person to serve in Post 7, the members shall organize and enter upon the performance of their duties.
(g) The authority shall elect one of its members as chairman and another as vice-chairman, and shall elect a secretary-treasurer, who may, but need not necessarily, be a member of the authority.
(h) Four members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds.
(i) If at any time, by reason of common disaster, or by reason of the failure of the members of the authority hereby appointed to accept their appointment, or for any other reason, there shall not be sufficient members of the authority willing and able to meet and constitute a quorum, any resident of the State of Georgia may file in the office of the clerk of the Superior Court of Cobb County, Georgia, a petition directed to the Superior Court of Cobb County against the authority setting forth that there are not sufficient members of the authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor, and showing the necessity of having a sufficient number of members of the authority appointed in order that a quorum may be available, and shall obtain from the judge of the said court an order requiring the authority to show cause at such time and place, either in term or

GEORGIA LAWS 1980 SESSION

4095

chambers, within 20 days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the authority to enable the authority to obtain a quorum. In the event there is no officer or agent of the authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex parte. At the time designated for the hearing of said cause the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon, and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms or for such new term or terms as may not have been filled, and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment the petitioning party or parties may except thereto within 20 days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court.
(j) The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses property incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, 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 every nature and all expenditures of every kind.
Section 4. It is hereby 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 hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in

4096 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
matters of cultural development, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in Cobb County and the North Georgia Area, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.
Section 5. As used in this Act, the following words or terms shall have the following meanings:
(1) The word "authority" shall mean the Cobb-Marietta Coliseum and Exhibit Hall Authority created by this Act.
(2) The word "project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of multiuse coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitationfMrefreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, 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 private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable. The authority shall have the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project.

GEORGIA LAWS 1980 SESSION

4097

(3) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all 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 herein authorized, 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 revenue bonds issued under the provisions of this Act for such project.
(4) The term "revenue bonds," "bonds," and "obligations," as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. Laws 1957, p. 36), amending the law formerly known as the "Revenue Certificate Law of 1937" (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this Act.
(5) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.
Section 6. The authority shall have powers:
(1) To adopt and alter a corporate seal.
(2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condem-

4098 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nation of property for public use, lands, easements, or rights in lands, or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public.
(3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets.
(4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide 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 convenient, with any and all persons, firms, and corporations and any city, town, municipality, consolidated government, county, or other political subdivision, 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 government, county, or other political subdivision, department, institution, or agency of this state is hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and any such project shall be

GEORGIA LAWS 1980 SESSION

4099

for the development and promotion in this state of the cultural growth, public welfare, education, and recreation of the people of this state and accordingly all such projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right, and power are hereby specifically granted to any such city, town, municipality, county, or consolidated government to enter into and make contracts, lease agreements, and other undertakings with the authority with respect to the furnishing of services and facilities by the authority and for the payments of rents, fees, and charges for the use by such cities, towns, municipalities, or consolidated governments or the residents thereof of any project; and the rentals contracted to be paid by the lessees or tenants to the authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such city, town, municipality, county, or consolidated government for the payment of which the full faith and credit of such city, town, municipality, county, or consolidated government shall be and the
same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such city, town, municipality, county, or consolidated government which shall have entered into such a contract or lease pur-
suant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so appropriated, and such sums shall be and hereby are unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such city, town, municipality, county, or consolidated government. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, county, or consolidated government are hereby authorized and
directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropria-

4100 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting city, town, municipality, county, or consolidated government had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, county, or consolidated government may obligate itself and its successors under any such contract or lease to use only such structures, buildings, or facilities constituting such project and none other.
(6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects, including the erection of a building or buildings, which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes, or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, 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 revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public.
(7) To issue revenue bonds 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, improvement, addition to, or extension of such project as the authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia.
(8) To issue revenue bonds to call, refund, or refinance, in whole or in part, all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the cost of

GEORGIA LAWS 1980 SESSION

4101

the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds.
(9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereof and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state.
(10) To invest any accumulation of its funds and any sinking funds or reserves in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled.
Section 7. In addition to the foregoing powers and subject to any limitations herein contained the authority shall have all the powers of municipalities under the provisions of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, including, but not limited to, the authority to expend from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project.
Section 8. Revenue bonds issued under provisions of this Act shall not be deemed to constitute a debt or a pledge of the faith and credit of the State of Georgia or of any city, county, or other political subdivision of the same, but such bonds shall be payable from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or any city, county, or political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No holder of any such bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of any city or county thereof, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.

4102 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. The bonds herein authorized are hereby made securities in which all public officers and bodies of this state and all municipalities and all muniipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized.
Section 10. The authority shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or combination of its projects during the life of the authority. The principal and interest of such revenue bonds shall be payable solely from, and may be secured by, a pledge of rents, fees, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bonds, or with the proceeds of bonds called and refunded, or to be called and refunded by such issue. The bonds of each issue shall be dated, shall bear interest, shall mature, shall be payable as to both principal and interest as may be determined by the authority within the terms of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, and the bonds may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in its resolution providing for the issuance of the bonds.
Section 11. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to collect rents, fees, and charges on each project which it shall cause to be constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so

GEORGIA LAWS 1980 SESSION

4103

fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority:
(1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for;
(2) To pay the principal of and interest on said revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;
(3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;
(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
(5) To accumulate any excess income which may be required by the purchasers of such bonds, or may be dictated by the requirements of such resolution or trust agreement or indenture, or of achieving ready marketability of and low interest rates on such bonds;
(6) To pay any expenses in connection with such bond issue or such project or projects, including but not limited to, trustees, counsel, and fiscal fees.
(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor, and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;

4104 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction. If such projects be included in any rental contract or lease, then the operation, maintenance, repair, and reconstruction, if necessary, may be performed by the cities, towns, municipalities, or counties which may be the tenants or lessees under such rental contract or lease;
(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on, or by reason of, the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on, or by reason of, the leased premises.
(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such action.
(f) The authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds.
(g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
Section 12. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued may be pledged by the authority to payment of principal and interest on revenue bonds of the author-

GEORGIA LAWS 1980 SESSION

4105

ity as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals for which provision may be made in any such resolution or trust instrument, or sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
Section 13. 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 without the state. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to the principal alone and also as to both principal and interest.
Section 14. In the discretion of the authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond holders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation, and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project or projects necessary to pay all costs of operation or reserves provided for, the principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to

4106 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation and maintenance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the actual right of the bond holders as is customary in securing bonds and debentures of corporations. Such trust agreement or indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bond holders. All expenses paid in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
Section 15. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such acts.
Section 16. (a) All bonds of the authority shall be confirmed and validated in the Superior Court of Cobb County in accordance with the procedure of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition for validation shall be brought against said authority and, in the event the payments to be made by any city, town, municipality, or county under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing

GEORGIA LAWS 1980 SESSION

4107

required to be issued and published by the clerk of the Superior Court of Cobb County, in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within 20 days from the date of the judgment of validation or, if filed and the judgment shall be affirmed by the proper appellate court of this state, the judgment of the Cobb County Superior Court so confirming and validating the validity and binding effect of such contract or contracts, and of such bonds and the security therefor, shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds, and the security therefor, and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the security therefor against the authority issuing the same, and against the parties to such contracts, and against all residents of the State of Georgia.
(b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds, or resolution, or trust instrument pertinent thereto, or any contracts made for the purpose of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing, notice of which shall have been given as provided by law. After the expiration of such period of limitation, no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted, nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing.
Section 17. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the state, the authority, and every holder of the authority's bonds and, upon and after the issuance of bonds under

4108 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the provisions of this Act, shall constitute an irrevocable contract with the holders of such bonds.
Section 18. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond holders paying or entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority.
Section 19. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 20. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing.
Section 21. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 22. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 23. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

4109

Notice of Intention to Apply for Local Legislation.

Notice is hereby given that application will be made to the January, 1980 session of the General Assembly for the passage of an act creating a Cobb-Marietta Coliseum and Exhibit Hall Authority; to provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; and for other purposes.
Any matter germane to this general subject may be included in other legislation or amendments thereto.

This 22 day of January, 1980.

Joe Mack Wilson Representative, 19th District, Post 1

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he/she is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates; January 25, February 1, 8, 1980.

/s/ii, Roy E. Barnes Senator, 33rd District

4110 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
LONG COUNTY - SMALL CLAIMS COURT CREATED.
No. 1223 (House Bill No. 1738).
AN ACT
To create and establish a Small Claims Court of Long County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions, and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal, and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms, and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

4111

Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small Claims Court of Long County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.
Section 2. Within 30 days after this Act becomes of full force and effect, the senior judge of the Superior Court of Long County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Long County and to serve from the date of such appointment to the thirty-first day of December, 1980, following such appointment. Thereafter, the judge of the Small Claims Court of Long County shall be appointed by the senior judge of the Superior Court of Long County 30 days prior to the expiration of the term of the judge of said court and shall serve for a term of office of four years. Thereafter, successors to the judge of the Small Claims Court of Long County shall be appointed, each four years in the same manner as hereinbefore set out, for a four-year term beginning on January 1 immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the senior judge of the Superior Court of Long County, in the sole discretion of the appointing judge.
Section 3. (a) In order to serve as judge of the small claims court created by this Act, a person must be a resident of Long County, be at least 22 years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity.
(b) All other officers, now or hereafter provided, appointed to or employed by said court must be at least 21 years of age and must be residents of the county.
Section 4. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any

4112 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
duty whatever appertaining to his office, any judge of the Superior Court of Long County or any judge of a state court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 5. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 6. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration.
Section 7. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant; and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small claims court, or by any person not a party to, or otherwise interested in, the suit who is specially appointed by the judge of said court for that purpose.
(c) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.

GEORGIA LAWS 1980 SESSION

4113

(e) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(f) Said notice shall include the date, hour, and location of the hearing, which date shall be not less than ten nor more than 30 days from the date of the service of said notice.
Section 8. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 9. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $12.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge; and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $12.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 10. (a) The trial shall be conducted on the day set for the hearing or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.

4114 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice, and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.
Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 12. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 13. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.
Section 14. The chief judge of the Superior Court of Long County may, from time to time, make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify, and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.

GEORGIA LAWS 1980 SESSION

4115

Section 15. The judge of said small claims court shall have the power to appoint one or more bailiffs of and for said small claims court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "small claims court bailiff." Any such small claims court bailiff shall have the powers and authority and shall be subject to the penalties of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said small claims court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this state. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 16. A judgment of said small claims court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the state. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
Section 17. Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the small claims court to the superior court, the same to be a de novo appeal.
Section 18. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:

4116 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Small Claims Court of Long County Georgia

Plaintiff Address
vs. Defendant

Statement of Claim
(Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of
being first duly sworn on oath, says the foregoing is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)

GEORGIA LAWS 1980 SESSION

4117

Notice. TO:
Defendant
Home Address or
Business Address

You are hereby notified that '

has made a claim

and is requesting judgment against you in the sum of

$

as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

.M. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.
If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing.
If you wish to have witnesses summoned, see the court at once for assistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.

(Seal)."

Judge-Clerk of the Small Claims Court
of Long County

4118 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment, and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the governing authority of the county. They shall also provide a suitable room in the courthouse for the holding of said court.
Section 20. Said small claims court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508; but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a small claims court bailiff, or by the judge of the small claims court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
Section 22. The judge of said court shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than 24 hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00.

GEORGIA LAWS 1980 SESSION

4119

Section 24. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 25. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to create a Small Claims Court of Long County; and for other purposes.
This 10th day of January, 1980.
Thomas B. Clifton, Jr. Representative, 121st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Clifton, Jr. who, on oath, deposes and says that he/she is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ludowici News which is the official organ of Long County, on the following dates: January 24, 31, 1980, February 7, 1980.
Is/ Thomas B. Clifton, Jr. Representative, 121st District

4120 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 11th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
DOUGLAS COUNTY - COMPENSATION OF BOARD OF EDUCATION, REFERENDUM. No. 1224 (House Bill No. 1740). AN ACT
To provide for the compensation of the members of the Board of Education of Douglas County; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. The members of the Board of Education of Douglas County shall be compensated as provided for by the general laws of this state relating to compensation for members of county boards of education, as such laws may be now or hereafter amended. Section 2. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of

GEORGIA LAWS 1980 SESSION

4121

the election superintendent of Douglas County to issue the call for an election for the purpose of submitting this Act to the electors of the Douglas County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in 1980 when members of the General Assembly are to be elected and shall issue the call for that election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the following:
"[ ] YES Shall the Act provide for the compensation of [ ] NO the members of the Board of Education of Douglas County be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise it shall be void and of no force and effect.
The expense of such election shall be borne by Douglas County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

f Notice is hereby given that there will be introduced in the Regular 1980 Session of the General Assembly of Georgia a bill to provide for the compensation of the members of the Board of Education of Douglas County; and for other purposes.

This 18th day of January, 1980.

Hon. Thomas M. Kilgore

Representative,

129-2

65th District

4122 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he/she is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 24, 31, 1980, February 7, 1980.
Is/ Thomas M. Kilgore Representative, 65th District
Sworn to and subscribed before me, this 11th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Puhlic, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
CITY OF COHUTTA - CORPORATE LIMITS, REFERENDUM.
No. 1225 (House Bill No. 1754). AN ACT
To amend an Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. Laws 1969, p. 2529), so as to change

GEORGIA LAWS 1980 SESSION

4123

the corporate limits of the town; to provide for a referendum; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. Laws 1969, p. 2529), is hereby amended by designating the existing text of Section 1.03 as subsection (a) and by adding thereafter a new subsection (b) to read as follows:
"(b) The corporate limits shall further include:
Those certain tracts or parcels of land lying and being in Land Lots 98, 99, 117, 118, 119, 136 and 137 of the 11th District and 3rd section of Whitfield County, Georgia, and being more particularly described as follows: Beginning at a point on the north line of Land Lot 98, located 700 feet west of the northeast corner of Land Lot 98, thence in a southwesterly direction to the northeast corner of the property now or formerly owned by Dalton Utilities, thence in a southerly direction along the east boundary of said property to the south line of Land Lot 119, thence west along the south line of Land Lot 119 to the west right of way of Wheeler Dam Road, thence in a northerly direction along the west right of way of Wheeler Dam Road for a distance of 1000 feet, thence in a westerly direction through the lands of Pamplin, Meager, Cross, and Thomason and Cook, intersecting a point on the west line of Land Lot 118, 850 feet north of the southwest corner of Land Lot 118, continuing in a straight line approximately 1000 feet to the east right of way of the Cohutta - Varnell Road, thence in a southerly and westerly direction along said right of way approximately 2100 feet to a point 250 feet north of the of the south property line of C.E. Henderson, thence in a westerly direction intersecting the east line of Land Lot 137 at a point 250 feet north of the south property line of C.E. Henderson, continuing in a straight line to a point 200 feet west of the east line of Land Lot 137, thence in

4124 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a northerly direction to a point 350 feet south of the north line of Land Lot 137 and 200 feet west of the east line of Land Lot 137, thence in an easterly direction to a point on the east line of Land Lot 137, being 350 feet south of the northeast corner of Land Lot 137, thence in a north-northeasterly direction to the southwest corner of the property now owned by Don and Peggy Henderson, thence in a northerly direction along said property line to the northwest corner of said property, thence in an easterly direction along said property line to its intersection with the southwest right of way boundary of Standifer Road, thence directly across Standifer road to the northeast right of way boundary of said road, thence along the east and north right of way of said road to its intersection with the northwest right of way of the Cohutta-Varnell Road, thence along the northwest right of way of the Cohutta-Varnell Road to the west line of Land Lot 118, thence north along the west line of Land Lot 118 to the southwest corner of Land Lot 99, thence diagonally to the Northeast corner of Land Lot 99, thence east along the north line of Land Lot 98 to the point of beginning."
Section 2. (a) Not less than one nor more than ten days after the date of approval of this Act by the Governor or the date on which it otherwise becomes law without his approval, it shall be the duty of the election superintendent of the City of Cohutta to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed hereby for approval or rejection.
(b) The superintendent shall set the date of the election for a date not less than 30 nor more than 45 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the city.
(c) The ballot shall have printed thereon the following words:
"[ ] YES Shall the Act annexing certain tracts of land to [ ] NO the City of Cohutta be approved?"
(d) All persons, desiring to vote in favor of approval of this Act shall vote "Yes," and those persons desiring to vote for rejection of this Act shall vote "No." If more than one-half of the

GEORGIA LAWS 1980 SESSION

4125

votes cast by the voters residing in the area to be annexed by Section 1 of this Act are in favor of this Act, then it shall become of full force and effect; otherwise it shall be void and of no force or effect.
(e) At least 15 days prior to said election, the election superintendent of the City of Cohutta shall prepare a separate list of voters residing in the area proposed to be annexed by this Act who are registered to vote in the county. Each of said voters shall be eligible to vote in the election. The election superintendent of Whitfield County shall furnish any information which may be required in the preparation of said list of voters by the election superintendent of the City of Cohutta; and the City of Cohutta shall pay to Whitfield County the actual expenses of furnishing such information as is required.
k (f) It shall be the duty of the election superintendent of the City of Cohutta to hold and conduct such election and to certify the results of the vote in the affected area to the Secretary of State. The expense of the election shall be borne by the City of Cohutta.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the
regular 1980 session of the General Assembly of Georgia, a bill to amend an act incorporating the Town of Cohutta, approved April 10, 1969 (Georgia HB 645, Act 237) so as to call for a referendum for the purpose of including within the corporate limits of said town certain or all parts of land lots 96, 98, 99, 117, 118, 119, 136 and 137, presently not incorporated in the Town of Cohutta, and for other purposes.

This 23 day of January, 1980.

Hon. Tom Ramsey
Representative, 3rd District

4126 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Ramsey who, on oath, deposes and says that he/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Daily Citizen News which is the official organ of Whitfield County, on the following dates: January 25, February 11 8, 1980.
Isi Tom Ramsey Representative, 3rd District
Sworn to and subscribed before me, this 12th day of February, 1980.
/si Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4127

UPSON COUNTY - FIRE PROTECTION DISTRICTS.
No. 1226 (House Bill No. 1756).
AN ACT
To provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto; to provide that the governing authority of Upson County may establish, constitute and, from time to time, re-establish, reconstitute or discontinue fire protection districts; and that the powers and authority herein granted the governing authority of Upson County shall be in addition to, and cumulative of, all other powers and authority such governing authority may now have, or may hereafter have, under other laws; to provide definitions of certain terms and words; to authorize contracts with municipal corporations and with private persons, private corporations, public bodies, political subdivisions and agencies of this State; to authorize Upson County to levy a tax only upon the taxable property in any such fire protection district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election held for that purpose; to provide the procedure for holding such elections; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Pursuant to Article IX, Section V, Paragraph III of the Constitution of the State of Georgia of 1976, the Board of Commissioners of Upson County, Georgia, as the governing authority of said county, is hereby authorized to establish, administer and abolish and, from time to time, to discontinue, re-establish, reconstitute and administer, within the unincorporated areas of said county districts for the purpose of providing fire protection services and systems of fire protection. In establishing any such district, or in discontinuing or abolishing any district and re-establishing another district, the governing authority of said county may prescribe such areas and bounds for such district and may change or re-define the areas and bounds for the establishment or re-establishment of any such district, from time to time, as the governing authority shall deem advisable.

4128 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. As used in this Act, the term "fire protection" may include hydrants, fire stations and the fixtures and equipment thereof, and such fire engines, material, equipment, appliances and supplies, together with personnel to operate the same, as may be necessary to furnish fire protection in any and all of the unincorporated areas of Upson County.
Section 3. If the Board of Commissioners of Upson County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Upson County may enter into one or more contracts with any one or more of the municipalities, now or hereafter located within the State of Georgia, under which any such municipality or municipalities may provide whatever fire protection services are so determined to be needed or may provide therefor a separate fire protection system.
Section 4. If the Board of Commissioners of Upson County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Upson County may enter into one or more contracts with private persons and private corporations, as well as with municipal corporations, public bodies, political subdivisions and agencies of this State, for the purpose of establishing, administering and maintaining such districts and providing the fire protection services and systems as herein authorized. The governing authority of said county is hereby authorized to negotiate any such contract on such terms and conditions as the governing authority shall deem appropriate and in the best interests of said county and may execute any such contract for and on behalf of said county; provided, however, that the terms or period of any such contract shall not exceed twenty (20) years.
Section 5. The costs for district fire protection shall be borne by the particular fire protection district, as established hereunder, which is to benefit therefrom and shall be paid by a tax levied only upon the taxable property in such district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting

GEORGIA LAWS 1980 SESSION

4129

in an election for that purpose, held as hereinafter provided. Money collected under any such levy shall be used for the aforesaid purposes in the fire protection district only in which such taxes are levied and not in any other fire protection district of said county.
Section 6. Upson County is hereby authorized to provide fire protection services and systems of fire protection in any such fire protection district, established or reconstituted as aforesaid, with the assent of a majority of the qualified voters in an election held in such district as herein provided. The governing authority of said county may levy on all taxable property located in such district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor. In all respects such tax levy shall be made, assessed, collected and enforced by said county as may be now or hereafter provided by law for ad valorem taxation by the counties of this State for district fire protection.
Section 7. The Board of Commissioners of Upson County, as the governing authority thereof, upon its determination of the area, limits or bounds of any such fire protection district established or reconstituted hereunder, may then adopt a resolution or order directed and delivered to the Judge of the Probate Court of Upson County, or any other official as may be hereafter authorized and empowered by the laws of Georgia to hold and conduct special elections in Upson County, to which will be attached a description or bounds of such proposed fire protection district, authorizing and directing said judge or official to issue the call for and hold an election in such proposed fire protection district for the purpose of determining whether a majority of the qualified voters of such proposed district, voting in any such election, assent to the levy of such a tax by the county, only upon the taxable property in such district, for the purpose of providing such services and fire protection for such district and constructing and maintaining facilities therefor.
Section 8. The Judge of the Probate Court of Upson County, or other official as may be hereafter authorized to hold and conduct special elections in Upson County, is hereby authorized to employ the necessary personnel and obtain the necessary ballots, materials and supplies to conduct each such election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, under the pertinent laws of Georgia, as a special election. The judge of the probate

4130 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
court is hereby empowered and authorized to promulgate such rules and regulations, cumulative of those as provided by law, in conducting such elections that he, within his sole discretion, may deem necessary, fair and equitable under the circumstances prevailing. The expenses of each such election shall be borne by Upson County.
Section 9. Within thirty (30) days after the receipt of any such order or resolution of the governing authority of Upson County, the judge of the probate court, or the official holding and conducting such special election, shall issue the call for such election for the purpose of determining whether taxes shall be levied in such proposed fire protection district for the aforesaid purposes. The date of each such election shall be set by said official for a day not less than thirty (30) nor more than sixty (60) days after the issuance of the call. The date and purpose of the election shall be published by the official calling such election once a week for two weeks immediately preceding the date thereof in the official organ of Upson County. The Board of Registrars of said county, when so directed by the official calling such election, shall have the duty of compiling a list of voters or electors in each such proposed fire protection district; and only those electors who are duly registered to vote in such special elections and whose residency is inside the boundaries of said proposed fire protection district by the tenth day preceding the date of such election shall be qualified to vote in such election.
Section 10. The ballot submitting such matter to the electors or voters in such election shall have written or printed thereon the following:
[ ] "For the levy of taxes upon the taxable property in the proposed fire district of which I am a qualified voter for the purpose of constructing and maintaining facilities therefor".
[ ] "Against the levy of taxes upon the taxable property in the proposed fire district of which I am a qualified voter for the purpose of constructing and maintaining facilities therefor".

GEORGIA LAWS 1980 SESSION

4131

If a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then such district shall become a fire protection district of the county, under and by virtue of the provisions of this Act, and the governing authority of Upson County shall be authorized and empowered to assess, levy and collect such taxes in that district. If less than a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then no such district shall be established and no such taxes shall be levied in that proposed district. The votes in each proposed fire protection district shall be counted separately and votes in each proposed district shall determine whether such taxes shall be levied in that particular district.
Section 11. The governing authority of Upson County is hereby empowered within its discretion to formulate and issue rules and regulations relative to the establishment, discontinuance, reestablishment and administration of fire protection districts.
Section 12. If any Section or portion of this Act shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Act as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the portions of this Act not so held to be invalid or unconstitutional. It is hereby declared to be the intent of the General Assembly of Georgia to provide for separable and divisible parts of this Act and this legislative body does hereby adopt any and all parts hereof as may not be held invalid or unconstitutional.
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 14. All laws and parts of laws in conflict with this Act are hereby repealed.

4132 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to provide for the establishment of fire protection districts in Upson County, Georgia, pursuant to constitutional provisions relative thereto; to provide that the governing authority of Upson County may establish, constitute and, from time to time, re-establish, reconstitute or discontinue fire protection districts; and that the powers and authority herein granted the governing authority of Upson County shall be in addition to, and cumulative of, all other powers and authority such governing authority may now have, or may hereafter have, under other laws; to provide definitions of certain terms and words; to authorize contracts with municipal corporations and with private persons, private corporations, public bodies, political subdivisions and agencies of this State; to authorize Upson County to levy a tax only upon the taxable property in any such fire protection district for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election held for that purpose; to provide the procedure for holding such elections; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
This the 15th day of January, 1980.
Upson County Board Of Commissioners
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Thomaston Times

GEORGIA LAWS 1980 SESSION

4133

which is the official organ of Upson County, on the following dates: January 16, 23, 30, 1980.

Is/ Marvin Adams Representative, 79th District

Sworn to and subscribed before me, this 13th day of February, 1980.

/s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

COBB COUNTY -- COMPENSATION OF JUDGE OF JUVENILE COURT.
No. 1228 (House Bill No. 1773).
AN ACT
To amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. Laws 1969, p. 3560), as amended, so as to change the compensation of said Judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

4134 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section I. An Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. Laws 1969, p. 3560), as amended, is hereby amended by striking from Section 1 the following:
"$28,500.00",
and inserting in lieu thereof the following:
"$32,500.00",
so that when so amended Section 1 shall read as follows:
"Section 1. The Judge of the Cobb County Juvenile Court shall receive $32,500.00 per annum, which shall be paid in equal monthly installments from the general funds, of Cobb County. Said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an act fixing the compensation of the Judge of the Juvenile Court of Cobb County, Georgia, and for other purposes.
This 30th day of January, 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators

GEORGIA LAWS 1980 SESSION

4135

A. L. Burruss Bill Cooper Carl Harrison Eugene Housley Johnny Isakson Max Kaley

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Isakson who, on oath, deposes and says that he/she is Representative from the 20th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 25, February 1,8, 1980.

Isl Johnny Isakson Representative, 20th District

Sworn to and subscribed before me, this 13th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4136 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBUS, GEORGIA ORDINANCES.
No. 1229 (House Bill No. 1780).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain requirements concerning the manner of introduction, consideration and passage of ordinances be deleted from the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 3-201 of the Charter of Columbus, Georgia, be and the same is hereby amended to delete therefrom subsection (3) and that all subsequent subsections be renumbered sequentially to follow in order.
Section 2. That the reference contained in Section 4-201 to Section 3-201, subsection (4) be changed to Section 3-201, subsection (3).
Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

GEORGIA LAWS 1980 SESSION

4137

Notice of Intention to Apply for Local Legislation.

Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide a deleting of the requirement that ordinances be distributed following their introduction.

Lennie F. Davis City Attorney Columbus, Georgia

Notice of Intention to Apply For Local Legislation.

Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide a deleting of the requirement that ordinances be distributed following their introduction.

Lennie F. Davis City Attorney Columbus, Georgia

Georgia, Muscogee County.

Personally appeared before me, a notary public in and for said State and County, Glenn Vaugbn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Isl Glenn Vaughn, Jr.

4138 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this the 11th day of February, 1980.
Is'/'* Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.
COLUMBUS, GEORGIA - INTERIM PROVISIONS REPEALED.
No. 1230 (House Bill No. 1784).
AN ACT To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that Article IX entitled "Interim Provisions" be deleted from the Charter of Columbus, Georgia in its entirety; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:

GEORGIA LAWS 1980 SESSION

4139

Section 1. That Article IX, entitled "Interim Provisions" be and the same is hereby deleted from the Charter of Columbus, Georgia in its entirety.
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide deletion of provisions of the Charter relating to interim provisions which are no longer necessary after consolidation.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide deletion of provisions of the Charter relating to interim provisions which are no longer necessary after consolidation.
Lennie F. Davis City Attorney Columbus, Georgia

4140 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Isl Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Isl Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.
COLUMBUS, GEORGIA - CHARTER AMENDMENTS. No. 1231 (House Bill No. 1785). AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L.

GEORGIA LAWS 1980 SESSION

4141

1971, Extra. Sess. September - October 1971, p. 2007), as amended, to clarify that certain provisions of the Charter of Columbus, Georgia regarding Charter amendments shall take precedence over other laws in the application of laws to Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That the second sentence of Section 8-200, subsection (1), of the Charter of Columbus, Georgia, be amended by adding thereto the words "Except as provided in Chapter 4 of this Article with regard to Charter amendments," so that said sentence, when amended, shall read as follows:
"Except as provided in Chapter 4 of this Article with regard to Charter amendments, the Constitution and general laws of the State of Georgia relating to the jurisdiction, powers, authority, duties and responsibilities of or otherwise referring to municipal corporations or counties, or both, which are not in conflict herewith shall be applicable to the consolidated government."
Section 2. That the first sentence of Section 8-400, subsection (1) be amended to read as follows:
"(1) This Charter may be modified, rescinded, changed or amended only by the following methods:"
Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the

4142 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide the approval of recommendations concerning the applicability of laws as relates to Home Rule powers.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide the approval of recommendations concerning the applicability of laws as relates to Home Rule powers.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says

GEORGIA LAWS 1980 SESSION

4143

that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.

Isl Glenn Vaughn, Jr.

Sworn to and subscribed before me, this the 11th day of February, 1980.

Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).

Approved March 26, 1980.

COLUMBUS, GEORGIA - JUDGE OF PROBATE COURT.
No. 1232 (House Bill No. 1786).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra, Sess. September - October 1971, p. 2007), as amended, to provide that the terms "Ordinary" and "Court of Ordinary" shall be redesignated "Judge of Probate Court" and "Probate Court" to conform the Charter to State law; to repeal conflicting laws; and for other purposes.

4144 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 4-302 subsection (9) is hereby amended by deleting the word "Ordinary" and substituting the words "Judge of Probate Court."
Section 2. That the caption of Article V, Chapter 2, is hereby changed from "Court of Ordinary" to "Probate Court."
Section 3. That Section 5-200 is hereby amended by deleting the words "The Court of Ordinary" therefrom and substituting the words "The Probate Court."
Section 4. That Section 6-102 subsection (1) is hereby amended by deleting the word "Ordinary" and substituting the words "Judge of Probate Court."
Section 5. That Section 6-301 is hereby amended by deleting the word "Ordinary" wherever it appears throughout the Section and substituting therefor the words "Judge of Probate Court."
Section 6. That section 8-101 is amended by substituting the words "Judge of Probate Court" for the word "Ordinary" wherever the term appears in the caption and throughout the Section.
Section 7. That Section 8-104 is hereby amended by deleting the words "Court of Ordinary" and substituting the words "Probate Court."
Section 8. That Section 8-105 is hereby amended by deleting the word "Ordinary" and substituting the words "Judge of Probate Court."
Section 9. That Section 8-401 is hereby amended by deleting the word "Ordinary" and substituting the words "Judge of Probate Court."

GEORGIA LAWS 1980 SESSION

4145

Section 10. That in any other references to the words "Ordinary" or "Court of Ordinary" in the Charter of Columbus, Georgia said words shall be changed to the words "Judge of Probate Court" or "Probate Court."
Section 11. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 12. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the Newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the title of "Ordinary" be changed to "Judge of Probate Court."
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the title of "Ordinary" be changed to "Judge of Probate Court."
Lennie F. Davis City Attorney Columbus, Georgia

4146 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Isl Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4147

COLUMBUS, GEORGIA CHARTER AMENDED.
No. 1233 (House Bill No. 1789).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain reference to a percentage be corrected in the Charter of Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 7-201 of the Charter of Columbus, Georgia be amended to change "(110%)" following the words "ten per centum" to "(10%)."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,

4148 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1980, for the passage of a Bill to provide correction of typographical errors relating to debt limitations which appear in the Charter.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide correction of typographical errors relating to debt limitations which appear in the Charter.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit; January 26, February 2, February 9, 1980.
Is/ Glenn Vaughn, Jr.

GEORGIA LAWS 1980 SESSION

4149

Sworn to and subscribed before me, this the 11th day of February, 1980.
Isl Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.

COLUMBUS, GEORGIAiS|ELECTIONS.
No. 1234 (House Bill No. 1790).
AN ACT
To amend an Act providing a Charter for the county-wide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that certain transitional language (regarding elections) contained in the Charter of Columbus, Georgia be deleted from the Charter; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 6-100, subsection (1) of the Charter of Columbus, Georgia be and the same is hereby amended by deleting therefrom the words "commencing with the November election in

4150 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1972 and at such time" and "thereafter", so that said subsection (1), when amended, shall read as follows:
"(1) The regular election of the consolidated government shall be held on the Tuesday next following the first Monday in November in each even numbered year. Except for special elections to fill vacancies in office, all officers who are required by this Charter to be elected shall be elected at the regular election of the consolidated government."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.
Notice of Intention to Apply for Local Legislation.
! Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the language concerning the first regular election of the consolidated government in November, 1972, be deleted from the Charter.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,

GEORGIA LAWS 1980 SESSION

4151

1980, for the passage of a Bill to provide that the language concerning the first regular election of the consolidated government in November, 1972, be deleted from the Charter.

Lennie F. Davis City Attorney Columbus, Georgia

Georgia, Muscogee County.

Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.

/si Glenn Vaughn, Jr.

Sworn to and subscribed before me, this the 11th day of February, 1980.

Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).

Approved March 26, 1980.

4152 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBUS, GEORGIA - TAXING DISTRICTS.
No. 1235 (House Bill No. 1791).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide for the deletion of certain transitional language concerning the division of the territory of Columbus, Georgia into taxing districts by the Council of Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 1-103, subsection (2) of the Charter of Columbus, Georgia is hereby amended by deleting from line one of the subsection the words "Following the adoption of this Charter" and "first", and by deleting from line four the words "proceed immediately to" so that subsection (2) when amended shall read as follows:
"(2) The Council of the consolidated government shall, pursuant to the applicable provisions of Article IX, Section 9-102 hereof, divide the territory of the consolidated government into two or more taxing districts (herein called `services districts'); provided, however, at least one of such districts shall be known as the General Services District and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided further the Council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of services than are provided uniformly throughout the territory of the consolidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council

GEORGIA LAWS 1980 SESSION

4153

shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place and date of such hearings shall be published in one or more newspapers of general circulation in Muscogee County at least twice during the week immediately preceding the date of hearing."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the transitional language concerning the division of the territory of Columbus into taxing districts be amended.
Lennie F. Davis City Attorney Columbus, Georgia

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the transitional lan130--2

4154 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
guage concerning the division of the territory of Columbus into taxing districts be amended.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
IsI Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4155

COLUMBUS, GEORGIA - SALARIES OF MAYOR AND COUNCIL.
No. 1236 (House Bill No. 1792).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that salaries of the Mayor and members of the Council shall be fixed by ordinance of the Council of Columbus, Georgia; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 3-102 of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in place thereof there shall be a new Section 3-102 to read as follows:
"Section 3-102. Compensation and Expenses. "Council members shall receive as compensation for their services, an amount fixed by ordinance. Each council member shall receive the same salary and no increase or decrease in the annual compensation of council members shall become effective until the day of the commencement of the terms of council members elected at the next regular election following any increase or decrease in their annual compensation. The council shall by ordinance establish a policy for reimbursement of the actual necessary expenses incurred by its members in the performance of their official duties."
Section 2. That Section 4-200, subsection (3) of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in place thereof there shall be a new Section 4-200, subsection (3) to read as follows:

4156 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(3) The annual salary of the Mayor shall be fixed by ordinance of Council; provided, however, that such compensation shall not be diminished during his term of office."
Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 4. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that the salaries for the Councilors and the Mayor shall be fixed by Ordinance.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the passage of a Bill to provide that the salaries for the Councilors and the Mayor shall be fixed by Ordinance.
Lennie F. Davis, City Attorney Columbus, Georgia

GEORGIA LAWS 1980 SESSION

4157

Columbus, Muscogee County.

Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County,
Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.

Isl Glenn Vaughn, Jr.

Sworn to and subscribed before me, this the 11th day of February, 1980.

Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).

Approved March 26, 1980.

4158 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBUS, GEORGIA - CHARTER AMENDED.
No. 1237 (House Bill No. 1793).
AN ACT
To amend an Act providing a Charter for the county-wide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that references to certain boards, commissions and authorities be deleted from the Charter; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971 p. 2007), as amended is hereby amended as follows:
Section 1. That Sections 4-610, 4-611, 4-612, 4-613, 4-622, 4623, 4-625, and 4-626 of the Charter of Columbus, Georgia, be and the same are hereby deleted in their entirety.
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,

GEORGIA LAWS 1980 SESSION

4159

1980, for the passage of a Bill to provide for deletion of the requirement to continue certain Boards in existence which are not necessary.

Lennie F. Davis City Attorney Columbus, Georgia

Notice of Intention to Apply For Local Legislation.

Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January,
1980, for the passage of a Bill to provide for deletion of requirement to continue certain Boards in existence which are not necessary.

Lennie F. Davis, City Attorney Columbus, Georgia

Georgia, Muscogee County.

Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.

Isl Glenn Vaughn, Jr.

4160 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this the 11th day of February, 1980.
Isl Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.
COLUMBUS, GEORGIA B COUNCIL MEETINGS.
No. 1238 (House Bill No. 1794).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to fix the time of Council meetings; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: An Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 3-103 of the Charter of Columbus, Georgia is amended by deleting therefrom the first sentence of subsection (4) and substituting in lieu thereof the following sentences: "The rules of the Council shall provide for regular meetings which shall be held at least once in every week and shall fix the date and

GEORGIA LAWS 1980 SESSION

4161

place of all regular meetings, provided, however, that any regular meeting may be cancelled upon the adoption of a resolution by a majority vote of the Council at least seven (7) days prior to the meeting. In no event shall less than two (2) regular meetings be held in any month", so that subsection (4), when thus amended, shall read as follows:
"(4) The rules of the Council shall provide for regular meetings which shall be held at least once in every week, and shall fix the date and place of all regular meetings, provided, however, that any regular meeting may be cancelled upon the adoption of a resolution by a majority vote of the Council at least seven (7) days prior to the meeting. In no event shall less than two (2) regular meetings be held in any month. Special meetings of the Council may be called by the Mayor or by any six members of the total membership of the Council upon no less than twelve hours written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of the special meeting may be waived in writing either before or after the meeting. Special meetings may be held at any time without notice upon attendance at such meeting of or waiver of notice by all members of the council."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that Council meetings be

4162 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
held once each week but would allow flexibility to the extent that only two (2) meetings each month would be required.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply For Local Legislation.
Notice is hereby giveh that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide that Council meetings be held once each week but would allow flexibility to the extent that only two (2) meetings each month would be required.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Is/ Glenn Vaughn, Jr.

GEORGIA LAWS 1980 SESSION

4163

Sworn to and subscribed before me, this the 11th day of February, 1980.
Is/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved March 26, 1980.

CATOOSA COUNTY - SHERIFF'S BUDGET.
No. 1239 (House Bill No. 1802).
AN ACT
To amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212), so as to change the annual and monthly budget of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4212), is hereby amended by striking from paragraph (1) of subsection (g) of Section 4 the following:

4164 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$262,950.00",
and inserting in lieu thereof the following:
"$275,000.00",
and by striking from said paragraph the following:
"$21,912.50",
and inserting in lieu thereof the following:
`$22,916.65||j4
so that when so amended paragraph (1) of subsection (g) of Section 4 shall read as follows:
"(1) Any provision of this section (other than paragraph (2) of this subsection) to the contrary notwithstanding, the annual budget of the sheriff shall not exceed $275,000.00 in any fiscal year, nor shall the monthly budget and expenditures of the sheriff exceed $22,916.65 in any calendar month; provided, that such monthly limitation shall be exclusive of the expense of purchasing motor vehicles during that month in each fiscal year during which motor vehicles are purchased by the sheriff."
Section 2. Said Act is further amended by striking from the first sentence of paragraph (3) of subsection (g) of Section 4 the following:
"April 1,1978, and ending December 31, 1978, the sheriff's budget shall be $21,912.50",
and inserting in lieu thereof the following:
"April 1, 1980, and ending December 31, 1980, the sheriff's budget shall be $22,916.65",
so that when so amended paragraph (3) of subsection (g) of Section 4 shall read as follows:

GEORGIA LAWS 1980 SESSION

4165

"(3) With respect to that portion of the sheriff's fiscal year beginning on April 1, 1980, and ending December 31, 1980, the sheriff's budget shall be $22,916.65 per month and, for any portion of a month, an amount equal to the monthly budget multiplied by a fraction, the numerator of which is the number of days remaining in the month and the denominator of which is the total number of days in that month. The provisions of this paragraph shall apply until the sheriff's budget is otherwise determined and approved as provided in this Act."
Section 3. This Act shall become effective on April 1, 1980.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation to increase the budget of the Sheriff's Office of Catoosa County, Georgia, and to further increase the expense allowance of said office, at the January, 1980 Session of the General Assembly of the State of Georgia.
This the 19th day of December, 1979.
J. D. Stewart, Sheriff, Catoosa County
Georgia, Catoosa County.
Before me, an office duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly

4166 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980.
Is/ Jim Caldwell
Sworn to and subscribed before me, this the 28 day of January, 1980.
Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).
Approved March 26, 1980.
CATOOSA COUNTY -- COMMISSIONER'S SALARY, ETC. No. 1240 (House Bill No. 1804). AN ACT
To amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4206), so as to change the compensation of said commissioner; to change the amount paid for clerical assistance to the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

4167

Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4206), is hereby amended by striking from Section 9 the following:
"$ 17,500" and "$ 12,000",
and inserting in lieu thereof the following:
"$20,000" and "$18,000",
so that when so amended said Section 9 shall read as follows:
"Section 9. The Commissioner of Catoosa County shall be paid an annual salary of $20,000, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $2,000 per year for traveling expenses outside and inside the county for official county business. The traveling expenses shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $18,000 per annum to be paid from funds of Catoosa County. In the event the maximum allowance for clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

4168 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation to increase the salary of the Commissioner of Roads and Revenues of Catoosa County, Georgia, and further to change the amount of clerical compensation for said office, together with a change in the manner of providing clerical help for said office, at the January, 1980 Session of the General Assembly of the State of Georgia.
This the 19th day of December, 1979.
James A. Moreland, Commissioner, Roads and Revenues, Catoosa County, Georgia
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: December 27, 1979, January 3, 1980, January 10, 1980.
Isl Jim Caldwell

GEORGIA LAWS 1980 SESSION

4169

Sworn to and subscribed before me, this the 28 day of January, 1980.
/si Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).
Approved March 26, 1980.

FRANKLIN COUNTY - CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS.
No. 1241 (House Bill No. 1809).
AN ACT
To abolish the present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;

4170 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. The present mode of compensating the clerk of the Superior Court of Franklin County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The clerk of the Superior Court of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state less the amount of any salaries the clerk receives for serving as clerk of other courts as provided by an Act establishing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended. It is the intent of this section that the said clerk shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said clerk shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to the population classifications of the counties of this state.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into

GEORGIA LAWS 1980 SESSION

4171

the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The clerk, with the approval of the governing authority of Franklin County, shall have the authority to appoint such fulltime or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by such employees in said office. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Franklin County.
Section 6. This Act shall become effective on January 1, 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

4172 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, March Term, 1979, and the October Term, 1979,
Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Clerk of the Superior Court of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes.
This 21st January/1 1980.
C. Patrick Milford County Attorney Franklin County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980.
,/s/ Charles C. Mann Representative, 13th District

GEORGIA LAWS 1980 SESSION

4173

Sworn to and subscribed before me, this 15th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

FRANKLIN COUNTY - JUDGE OF PROBATE COURT PLACED ON SALARY BASIS.
No. 1242 (House Bill No. 1810).
AN ACT
To abolish the present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the judge of the Probate Court of Franklin County, known as the fee system, is

4174 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The judge of the Probate Court of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state less the amount of any compensation the probate judge receives for conducting elections and responsibility for traffic cases as provided by an Act establishing minimum salaries for judges of the probate courts, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended. It is the intent of this section that the said judge of the probate court shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said judge of the probate court shall not receive more than such other officer when additional sources of compensation are included. Such salary for said judge of the probate court shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to the population classifications of the counties of this state.
Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the judge of the probate court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such offi-

GEORGIA LAWS 1980 SESSION

4175

cer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The judge of the probate court, with the approval of the governing authority of Franklin County, shall have the authority to appoint such full-time or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by such employees in said office. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the judge of the probate court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Franklin County.
Section 6. This Act shall become effective on January 1, 1981.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

4176 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, MarchTerm, 1979, and the OctoberTerm, 1979,
Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Probate Judge of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes.
This 21st January, 1980.
C. Patrick Milford County Attorney Franklin County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980.
Is/ Charles C. Mann Representative, 13 th District

GEORGIA LAWS 1980 SESSION

4177

Sworn to and subscribed before me, this 15th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. jJ 1981. (Seal).
Approved March 26, 1980.

FRANKLIN COUNTY - COMPENSATION OF COUNTY COMMISSIONER.
No. 1243 (House Bill No. 1811).
AN ACT
To amend an Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of roads and revenues of Franklin County, approved February 27, 1956 (Ga. Laws 1956, p. 2603), as amended, so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act repealing an Act creating the office of commissioner of roads and bridges and a board of finance for Franklin County and creating the office of commissioner of roads and revenues of Franklin County, approved February 27, 1956 (Ga. Laws 1956, p. 2603), as amended, is hereby amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:

4178 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 3. The commissioner of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state. It is the intent of this section that the said commissioner shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said commissioner shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to the population classifications of the counties of this state."
Section2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, October Term, 1979,
Notice is hereby given that there will be introduced in General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Commissioner of Roads & Revenues of Franklin County, Georgia, on Revised Annual Salary,''to provide for necessary expenses of running said office, and for other purposes.

GEORGIA LAWS 1980 SESSION

4179

This 21st January, 1980.

C. Patrick Milford County Attorney Franklin County, Georgia

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980.

Isl Charles C. Mann Representative, 13th District

Sworn to and subscribed before me, this 15th day of February, 1980.

S/s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4180 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FRANKLIN COUNTY - TAX COMMISSIONER PLACED ON SALARY BASIS.
No. 1244 (House Bill No. 1812).
AN ACT
To abolish the present mode of compensating the tax commissioner of Franklin County, known as the fee system; to provide in lieu thereof an annual salary; to provide for clarification of compensation; to provide that all fees, costs, or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the tax commissioner of Franklin County, known as the fee system, is hereby abolished; and, in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
Section 2. The tax commissioner of Franklin County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary pursuant to the general laws of this state. It is the intent of this section that the said tax commissioner shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Franklin County who receives the highest annual salary, but said tax commissioner shall not receive more than such other officer when any additional sources of compensation are included. It is hereby specifically provided that the tax commissioner shall not be entitled to the amount provided in Code Section 91A-1370, relating to commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest and shall not be entitled to those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle

GEORGIA LAWS 1980 SESSION

4181

license plates by local tax officials. Such salary for said tax commissioner shall be paid in equal monthly installments from the funds of Franklin County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the Superior Court, the judge of the Probate Court, or the tax commissioner of Franklin County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to the population classifications of the counties of this state.
Section 3. After the effective date of this Act, said officer shall diligently' and faithfully undertake to collect all fees, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 4. The tax commissioner, with the approval of the governing authority of Franklin County, shall have the authority to appoint such full-time or part-time deputies, clerks, assistants, and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to determine the number of such personnel and to fix the compensation to be received by such employees in said office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assis-

4182 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tants, or other employees; to prescribe their duties and assignments; and to remove or replace any of such employees at will and within his sole discretion.
Section 5. The necessary operating expenses of the tax commissioner's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment and the repair, replacement, and maintenance thereof as may be reasonably required in discharging the official duties of said office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Franklin County.
Section 6. An Act creating the office of county tax commissioner of Franklin County, Georgia, approved August 14, 1931 (Ga. Laws 1931, p. 469), as amended by an Act approved March 23, 1937 (Ga. Laws 1937, p. 1330), an Act approved January 30, 1946 (Ga. Laws 1946, p. 274), an Act approved December 4, 1948 (Ga. Laws 1949, p. 209), an Act approved February 19, 1951 (Ga. Laws 1951, p. 2588), and an Act approved March 5, 1957 (Ga. Laws 1957, p. 2521), is hereby repealed in its entirety.
Section 7. This Act shall become effective on January 1, 1981.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Pursuant to the recommendation(s) of Grand Jury of Franklin County, Georgia, March Term, 1979, and the October Term, 1979,
Notice is hereby given that there will be introduced in the General Assembly of Georgia, during the Regular Term, 1980, a bill placing The Tax Commissioner of Franklin County, Georgia, on annual salary, to provide for necessary expenses of running said office, and for other purposes.

GEORGIA LAWS 1980 SESSION

4183

This 21st January, 1980.

C. Patrick Milford County Attorney Franklin County, Georgia

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980.

Isl Charles C. Mann Representative, 13 th District

Sworn to and subscribed before me, this 15th day of February, 1980.

ysl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4184 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (20,400 - 20,600).
No. 1245 (House Bill No. 1813).
AN ACT
To provide that in certain counties the salary of the county commissioner shall be the same as that of the sheriff of the county; to provide an effective date; to repeal conflicting laws; and for other purposes..
Be it enacted by the General Assembly of Georgia:
Section 1. Notwithstanding any contrary provision of law, in any county which has a population of not less than 20,400 and not more than 20,600 according to the United States decennial census of 1970 or any future such census and which has one county commissioner, the annual salary of the commissioner shall be in the same amount as the annual salary of the sheriff of the county and shall be paid in equal monthly installments from the funds of the county.
Section 2. This Act shall become effective on July 1, 1980.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.
CRAWFORD COUNTY -g OFFICE OF TREASURER ABOLISHED.
No. 1246 (House Bill No. 1818). AN ACT
To abolish the office of treasurer of Crawford County; to provide that the governing authority of said county shall be authorized

GEORGIA LAWS 1980 SESSION

4185

to designate a person to perform the duties of treasurer; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The office of treasurer of Crawford County is hereby abolished. The governing authority of Crawford County shall be authorized to designate such person as it deems appropriate to perform the duties of treasurer. Such person so designated by the county governing authority shall receive all county funds heretofore handled, received, and collected by the treasurer of Crawford County and shall disburse the same as provided by law for the disbursement of funds by county treasurers.
Section 2. An Act fixing the compensation of the Treasurer of Crawford County, approved July 29, 1919 (Ga. Laws 1919, p. 636), as amended, is hereby repealed in its entirety.
Section 3. This Act shall become effective on December 31, 1980, but in the event the office of treasurer of Crawford County should become vacant for any reason prior to December 31, 1980, then this Act shall become effective on the date of said vacancy. There shall be no election for Crawford County treasurer in 1980 or thereafter.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intent to Introduce Local Legislation.
There will be introduced at the regular 1980 session of the Georgia General Assembly at local act to abolish the office of Treasurer of Crawford County, Georgia.

131--2

4186 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 29th day of January 1980.
David L. Mincey, Jr. Crawford County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper who, on oath, deposes and says that he/she is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Georgia Post which is the official organ of Crawford County, on the following dates: January 31, February 8, 14, 1980.
Is/ Bryant Culpepper Representative, 98 th District
Sworn to and subscribed before me, this 18th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4187

CITY OF NORCROSS - CORPORATE LIMITS.
No. 1247 (House Bill No. 1819).
AN ACT
To amend an Act providing a new charter for the City of Norcross, approved February 11, 1977 (Ga. Laws 1977, p. 2546), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Norcross, approved February 11, 1977 (Ga. Laws 1977, p. 2546), is hereby amended by adding to Section 1.12a new subsection (c) to read as follows:
"(c) In addition to all other territory in the city, it shall include the following tracts:
(1) All that tract or parcel of land lying and being in Land Lot 225 of the 6th District of Gwinnett County, Georgia, and containing 11.89 acres according to a plat of a survey by Higginbotham & James, Surveyors, dated March 20, 1962, and revised May 10, 1962, a copy of said plat being recorded in Plat Book J, page 33, records of Gwinnett County, Georgia, reference to which is made for a complete description. Said property is described according to said plat as follows:
BEGINNING at an iron pin corner located on the original line dividing land lots 224 and 225 of the 6th District, said point of beginning being 758.3 feet in a South 3158' East direction, as measured along the original line dividing land lots 244 and 225, from the common corner of land lots 224, 225, 242, and 243 of the 6th District; thence North 54 30' East for 662.5 feet to a point in the center of Mitchell Road; thence along the center of Mitchell Road for the following courses and distances; South 39 10' East for 43 feet; South 34 31' East for 163.2 feet; South 11 24' East for 236 feet; South 1558' East for 100 feet; South 26 53' East for 100 feet; and South 39 26' East for 234 feet; thence South 54 30' West for 586.7 feet to a point on the

4188 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
original line dividing land lots 224 and 225; thence North 31 58' West along said original line for 850 feet to the point of beginning.
(2) All that tract or parcel of land lying and being in Land Lot 284 of the 6th District of Gwinnett County, Georgia as shown on a plat prepared by C. M. Higginbotham, Surveyor, dated June 15, 1959 and being more particularly described as follows;
BEGINNING at a point common to the intersection of Land Lots 284, 285, 272 and 273; thence South 58 56' West 649 feet to a point; thence North 35 38' West 667.5 feet to a point; thence North 58 48' East 685.3 feet to a point; thence South 32 18' East 669.5 feet to the point of beginning."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly a bill to amend the Charter of the City of Norcross (Ga. L. 1977, p. 2456) so as to amend the corporate boundaries of the City of Norcross in accordance with Sec. 1.12 of the City Charter.
Mayor Lillian Webb City of Norcross Hill Jordan City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Martin who, on oath,

GEORGIA LAWS 1980 SESSION

4189

deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County,, on the following dates: January 31, February 8, 15, 1980.

Is/ Charles Martin Representative, 60th District

Sworn to and subscribed before me, this 18th day of February, 1980.

Is/., Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

CITY OF WARNER ROBINS - MUNICIPAL COURT FINES.
No. 1248 (House Bill No. 1820).
AN ACT
To amend an Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. Laws 1978, p. 3081), as amended, so as to change the provisions relating to fines imposed in the municipal court; to repeal conflicting laws; and for other purposes.

4190 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section T. An Act providing a new charter for the City of Warner Robins in Houston County, approved March 7, 1978 (Ga. Laws 1978, p. 3081), as amended, is hereby amended by striking from subsection (g) of Section 6-103 the following:
"$300.00",
and inserting in lieu thereof the following:
"$1,000.00",
so that when so amended subsection (g) shall read as follows:
"(g) Unless a lesser penalty is provided by ordinance, the judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance, for each violation thereof, the following punishments:
(1) a fine not to exceed $1,000.00;
(2) imprisonment in the city prison for a period of not more than 40 days; or
(3) any one or all of these punishments when the facts of the case justify such punishments.
Provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $100.00 or by imprisonment in the city prison for a period of time not exceeding 30 days or both."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intent to Introduce Legislation.
Notice is hereby given that legislation is intended to be introduced in the 1980 Session of the General Assembly of Georgia to

GEORGIA LAWS 1980 SESSION

4191

raise the amount of the fine that may be imposed by the Municipal Court for the City of Warner Robins, Georgia and for other purposes.

This 28th day of January, 1980.

Roy H. Watson, Jr. Representative, 114th District Ted W. Waddle Representative, 113th District Senator Ed Barker
18th District

Georgia, Houston County.

Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certified that the Legal Notice, Notice of intent to introduce legislation was published in The Houston Home Journal on the following dates: January 31, February 7 & 14, 1980.

This 14 day of February, 1980.

Isl Bobby Branch Publisher, Houston Home Journal Perry, Georgia

4192 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14 day of February, 1980.
Isi June Vogt Notary Public, Houston County. My Commission Expires May 4, 1982. (Seal).
Approved March 26, 1980.
CITY OF JEFFERSONVILLE -9 COMPENSATION OF MAYOR AND COUNCILMEN. No. 1249 (House Bill No. 1821).
AN ACT
To amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), so as to change certain provisions relating to the compensation of the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), is hereby amended by striking in its entirety Section 25 thereof and substituting in lieu thereof a new Section 25 to read as follows:

GEORGIA LAWS 1980 SESSION

4193

"Section 25. (a) The clerk and marshal, or marshals, and all special policemen appointed by the mayor and council shall receive such compensation as may be fixed by the mayor and council, which shall be subject to change at any time.
(b) The mayor shall be compensated in an annual amount of $1,200.00 and each councilman shall be compensated in an annual amount of $600.00, payable monthly out of city funds."
Section2. This Act shall become effective January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. Laws 1909, p. 977), as amended, particularly by an Act approved March 10, 1964 (Ga. Laws 1964, p. 2756), so as to change certain provisions relating to the compensation of the mayor and councilmen; and for other purposes.
This 26th day of January, 1980.
Kenneth W. Birdsong Representative, 103rd District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth W. Birdsong who, on oath, deposes and says that he/she is Representative from the 103rd Dis-

4194 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
trict, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 30, February 6, 13, 1980.
Isl Kenneth W. Birdsong Rep resen tati ve, 103 rd District
Sworn to and subscribed before me, this 15th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
DODGE COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1250 (House Bill No. 1822). AN ACT
To amend an Act creating and establishing a Small Claims Court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), so as to provide that said court shall in all criminal matters have all the powers granted to justices of the peace by the laws of the State of Georgia and shall be entitled in all criminal matters to charge and collect the same fees which are charged and collected by justices of the peace; to provide for service

GEORGIA LAWS 1980 SESSION

4195

of process; to provide for costs and fees; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section It An Act creating and establishing a Small Claims Court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), is hereby amended by adding at the end of Section 1 the following:
"Without limiting the generality of the foregoing, said jurisdiction shall specifically include all the powers granted to justices of the peace in criminal matters by the laws of the State of Georgia; and it shall be lawful for the judge of said court to charge, collect, and retain the same fees which are charged and collected by justices of the peace in criminal matters.",
so that when so amended, said section shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court in and for Dodge County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Without limiting the generality of the foregoing, said jurisdiction shall specifically include all the powers granted to justices of the peace in criminal matters by the laws of the State of Georgia; and it shall be lawful for the judge of said court to charge, collect, and retain the same fees which are charged and collected by justices of the peace in criminal matters."
Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 2 the following:
"In addition to any other mode of service authorized by this Act, personal service may be made by leaving the papers required to be served at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion then residing there.",

4196 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

so that when so amended said subsection shall read as follows:

"(a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. In addition to any other mode of service authorized by this Act, personal service may be made by leaving the papers required to be served at the dwelling house or usual place of abode of the person to be served
with some person of suitable age and discretion then residing there."

Section 3. Said Act is further amended by striking from Section 8 the following:

"$10.00'>-

wherever the same appears and inserting in lieu thereof the following:

"$17.50",

and by adding before the period at the end of the first sentence of (a) the following:

"and except as provided in subsection (c)",

and by adding two new subsections, (c) and (d), to read as follows:

"(c) The following additional costs may be charged and collected:

(1) Entering judgment

$2.00

(2) Issuing Fi. Fa

$2.00

GEORGIA LAWS 1980 SESSION

4197

(3) Issuing subpoena

$.50

(d) For transmitting any proceeding taken to the superior court by certiorari or appeal, there may be charged and collected $5.00, plus $ 1.50 per page for documents.",

so that when so amended said section shall read as follows:

"Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $17.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice and except as provided in subsection (c). The deposit of cost in cases of attachment, garnishment or trover shall be $17.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.

(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $17.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.

(c) The following additional costs may be charged and collected:

(1) Entering judgment

$2.00

(2) Issuing Fi. Fa

$2.00

(3) Issuing subpoena

$.50

(d) For transmitting any proceeding taken to the superior court by certiorari or appeal, there may be charged and collected $5.00, plus $ 1.50 per page for documents."

4198 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a small claims court in and for Dodge County, approved March 23, 1977 (Ga. Laws 1977, p. 4135), so as to provide for powers of the judge, service of process, maximum fees and costs, and other related matters; and for other purposes.
This 21 day of January, 1980.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman who, on oath, deposes and says that he/she is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight which is the official organ of Dodge County, on the following dates: January 24, February 1,7,1980.
/s/' i Terry Coleman Representative, 118th District

GEORGIA LAWS 1980 SESSION

4199

Sworn to and subscribed before me, this 25th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

STATE COURT OF ELBERT COUNTY E TERMS.
No. 1252 (House Bill No. 1825).
AN ACT
To amend an Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), as amended, so as to change the terms of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. After the effective date of this Act, there shall be three terms of the State Court of Elbert County held each year beginning on the following dates:

4200 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Second Monday in January. Second Monday in May. Second Monday in November. The judge of said court shall have power to hold said court in session from day to day for a period not longer than four weeks from the beginning of each term." Section 2. This Act shall become effective January 1, 1981. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia legislation to change the terms and/or dates of State Court of Elbert County and for other purposes.
This 21st day of January, 1980.
Charles C. Mann
Georgia, Elbert County.
To Whom it May Concern:
This is to certify that the legal notice attached hereto has been published in The Elberton Star newspaper legal organ for Elbert County, the following dated, to-wit: January 22, 1980, January 29, 1980, February 5, 1980.

GEORGIA LAWS 1980 SESSION

4201

Sworn to on the 12th day of February, 1980.

Is/ R. L. Williford, Publisher

Sworn to and subscribed to before me, on the 12th day of February; 1980.

Isl Mary C. Taylor Notary Public.
: (Seal).

Approved March 26, 1980.

ELBERT COUNTY - COMPENSATION OF CLERK OF SUPERIOR COURT AND JUDGE OF PROBATE COURT.
No. 1253 (House Bill No. 1826).
AN ACT
To amend an Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary, approved March 10, 1959 (Ga. Laws 1959, p. 2624), as amended, so as to change the compensation provisions relating to the clerk and probate judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the clerk of the superior court and the judge of the probate court of Elbert County upon an annual salary,

4202 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 10, 1959 (Ga. Laws 1959, p. 2624), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) The clerk of the superior court of Elbert County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary pursuant to the general laws of this state less the amount of any salaries the clerk receives for serving as clerk of other courts as provided by an Act establishing minimum salaries for clerks of the superior courts, approved March 30, 1973 (Ga. Laws 1973, p. 256), as amended. It is the intent of this section that the said clerk shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary, but said clerk shall not receive more than such other officer when additional sources of compensation are included. Such salary for said clerk shall be paid in equal monthly installments from the funds, of Elbert County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the superior court, the judge of the probate court, or the tax commissioner of Elbert County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to the population classifications of the counties of this state.
(b) All expenses of operating the office of the clerk of the superior court of Elbert County, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the clerk of the superior court and the commissioner of roads and revenues. The clerk of the court shall be responsible for the employment of the necessary personnel to operate such office."
Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:

GEORGIA LAWS 1980 SESSION

4203

>/-"Section 2. (a) The judge of the probate court of Elbert County shall receive an annual salary which shall be equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary pursuant to the general laws of this state less the amount of any additional compensation the judge of the probate court receives for conducting elections and for duties in connection with traffic cases provided by an Act providing and fixing minimum salaries for judges of the probate courts of the various counties of this state, approved April 5, 1978 (Ga. Laws 1978, p. 1953), as amended. It is the intent of this section that the said judge of the probate court shall receive a salary equal to the annual salary now or hereafter received by the elective county officer of Elbert County who receives the highest annual salary, but said judge of the probate court shall not receive more than such other officer when additional sources of compensation are included. Such salary for said judge shall be paid in equal monthly installments from the funds of Elbert County. As used in this subsection:
(1) `Elective county officer' means the sheriff, the clerk of the superior court, the judge of the probate court, or the tax commissioner of Elbert County; and
(2) `General laws of this state' means those general laws which establish minimum salaries for the county officers specified in paragraph (1) above according to population classifications of the counties of this state.
(b) All expenses of operating the office of the judge of the probate court, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the judge of the probate court and the commissioner of roads and revenues. The judge of the probate court shall be responsible for the employment of the necessary personnel to operate such office."
Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

4204 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia legislation to change the method of compensating the clerk of superior court and probate judge of Elbert County; and for other purposes.
This 14th day of Jan., 1980.
Charles C. Mann
Georgia, Elbert County.
To Whom it May Concern:
This is to certify that the legal notice attached hereto has been published in The Elberton Star newspaper legal organ for Elbert County, the following dates, to-wit: January 22, 1980, January 29, 1980, February 5, 1980.
Sworn to on the 12th day of February, 1980.
Is/ R. L. Williford. Publisher

GEORGIA LAWS 1980 SESSION

4205

Sworn to and subscribed to before me, on the 12th day of February, 1980.
/si Mary C. Taylor Notary Public. (Seal).
Approved March 26, 1980.

CITY OF COLEMAN - NEW CHARTER.
No. 1254 (House Bill No. 1829).
AN ACT
To create a new charter for the City of Coleman, Georgia, to repeal the existing charter of said city and all amendments thereto; to provide for corporate boundaries; to provide for officials, officers and employees of the city and their powers, duties and authority; to provide for elections; to provide for ordinances and codes; to provide for the administrative affairs of the city; to create a municipal court and provide for the jurisdiction, practice, procedure, judge and personnel thereof; to provide for the recall of the Mayor and council members; to provide for bonds; to provide for the sale of city property; to provide for eminent domain; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal a specific act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

4206 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I CREATION, INCORPORATION, POWERS
Section 1.1. Name. This Act shall constitute the Charter of the City of Coleman, Georgia. The city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style of City of Coleman, Georgia, and by that name shall have perpetual succession.
Section 1.2. Corporate boundaries, (a) The corporate limits of the City of Coleman, Georgia shall be those existing on January 1, 1980, which limits were set forth in Georgia Laws of 1889, at pages 872 and 873 as extending one-half mile in every direction from the depot of the South Western Railroad in said town (the name Town of Coleman was changed to City of Coleman in Georgia Laws of 1967, page 2845).
(b) The City Council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries.
Section 1.3. Powers and Construction, (a) The City of Coleman, Georgia shall have all powers possible for a city to have under the present or future Constitution and laws of this State as fully and completely as though they were specifically enumerated in this charter.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
Section 1.4. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

GEORGIA LAWS 1980 SESSION

4207

ARTICLE II GOVERNMENT STRUCTURE
Section 2.1. City Council Creation; Composition; Number; Election. The legislative authority of the government of this City, except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a mayor and five (5) councilmembers. The Mayor and councilmembers shall be elected in the manner provided by Article V of this Charter.
Section 2.2. Present Mayor and Council. The present Mayor and Councilmembers of the City Council for the City of Coleman, Georgia shall continue in the offices to which they are elected until their successors are elected and qualified; and said Mayor and Council shall have and exercise all the rights, powers, duties and authority conferred upon the Mayor and Council of the City of Coleman, Georgia, under and by virtue of this Charter, which shall become effective upon the passage and approval thereof, and in the future, thereafter, the Mayor and Councilmembers shall continue in the office to which they are elected, until their successors are elected and qualified, with said rights, powers, duties and authority.
Section 2.3. City Council Terms and Qualification for Office. The members of the City Council shall serve for terms as hereinafter specified in ARTICLE V or in Section 2.2 of ARTICLE II above, and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election at which he was elected as mayor or councilmember; each shall continue to reside therein during his period of service; and each shall be registered and qualified to vote in municipal elections of this City.
Section 2.4. General Power and Authority of the City Council. Except as otherwise provided by this Charter, the City Council shall be vested with all the powers of government of this City as provided by Article I.
Section 2.5. The Mayor; Powers and Duties. The Mayor shall be the chief executive officer of the City and as such shall have the following powers and duties:

4208 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) to preside at all meetings of the City Council; and be recognized as the official head and spokesman of the City for service of process and ceremonial purposes;
(b) to administer and enforce the ordinances, by-laws, resolutions, regulations, rules, orders and acts of the City Council;
(c) to vote on matters before the City Council only in case of a tie, or if his vote is necessary to constitute a sufficient number to transact business;
(d) to sign, for and on behalf of the City, all contracts, ordinances, instruments and other documents authorized by the City Council and which are required to be in writing, unless otherwise directed or authorized by the City Council;
(e) to control the law enforcement agency of the City and other special officers appointed by the City Council for any purpose;
(f) to fulfill such other executive and administrative duties as authorized or directed by the City Council;
Section 2.6. Mayor Pro Tern. At the organization meeting, as called for in Section 2.9 hereinafter, the City Council shall elect by majority vote from among its members a Mayor Pro Tern who shall assume the duties and powers of the Mayor upon declaration by the City Council of the Mayor's disability or absence.
Section 2.7. Acting Mayor. In the event of the absence, disability or disqualification of both the Mayor and Mayor Pro Tern, the remaining members of the City Council shall elect an acting Mayor from their number, to preside and who shall have all the powers of the Mayor during the absence, disability or disqualification of the Mayor and Mayor Pro Tern.
Section 2.8. Compensation and Expenses. The Mayor and councilmembers shall receive compensation for their services in an amount set by ordinance. The Mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.

GEORGIA LAWS 1980 SESSION

4209

Section 2.9. Organization Meeting. The City Council shall meet for organization at the first regular meeting following each municipal general election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will faithfully perform the duties of (Mayor or Councilmember as the case may be) of this City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
[ . Section 2.10. Regular and Special Meetings, (a) The City Council shall hold regular meetings at such times and places as prescribed by ordinance.
f (b) Special meetings of the City Council may be held on call of the Mayor or two (2) members of the City Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the Mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
; (c) To meet a public emergency affecting life, health, property or public peace, the City Council may convene on call of the Mayor or two (2) councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within thirty days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) councilmembers shall be required for

4210 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 2.11. Rules of Procedure. The City Council shall adopt rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
Section 2.12. Quorum; Voting. The Mayor, or the Mayor Pro Tern, or the Acting Mayor, and three (3) councilmembers shall constitute a quorum and shall be authorized to transact business of the City Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the City Council shall have the right to request a roll call vote. The affirmative vote of three (3) councilmembers shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter.
Section 2.13. Ordinance form; Procedure, (a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Coleman, Georgia hereby ordains " and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the City Council. Ordinances shall be considered and adopted or rejected by the City Council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.10(c). Upon introduction of any ordinance, the clerk shall distribute a copy to the Mayor and to each councilmember before the same is adopted and at the same time 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.

GEORGIA LAWS 1980 SESSION

4211

Section 2.14. Action Requiring an Ordinance. In addition to other acts required by general state law or by specific provisions of this Charter to be done by ordinance, acts of the City Council which have the force and effect of law shall be done by ordinance.
Section 2.15. Codes of Technical Regulations, (a) The City Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.13(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; 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 2.16.
Section 2.16. Signing; Authenticating; Recording; Codification; Printing, (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the City Council.
1 (b) The City Council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the City Council 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 Coleman, Georgia". Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the City Council.
> (c) The City Council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the City Council. Following publication of the first Code under this Charter and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for

4212 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
incorporation therein. The City Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.
Section 2.17. Inquiries and Investigations. The City Council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the City Council shall be punished as provided by ordinance.
ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.1. Administrative and Service Departments. (a) Except as otherwise provided in this Charter, the City Council, by ordinance, shall prescribe the functions or duties and establish, abolish, or alter all non-electives offices, positions of employment, departments and agencies of the city, as necessary for the proper administration of the affairs and government of this city.
(b) In addition to their elective duties, individual councilmembers may be charged with such administrative duties as the City Council may prescribe by ordinance or resolution, provided such duties do not conflict with general state law.
(c) All appointive offices and directors of departments shall receive such compensation as prescribed by ordinance.
Section 3.2. Boards, Commissions, Authorities. Except as otherwise provided by this charter or general state law, the City Council shall create by ordinance such boards, commissions, authorities, and other bodies to fulfill any investigative, quasi-judicial, or quasilegislative functions of the council, composition, period of existence, duties, powers, compensation, structure, and all other matters in connection with the operations of such boards, commissions and authorities.

GEORGIA LAWS 1980 SESSION

4213

ARTICLE IV JUDICIAL BRANCH
Section 4.1. Creation of Municipal Court; Name. There shall be a court to be known as the Municipal Court of the City of Coleman, Georgia.
Section 4.2. Judge; Court Personnel, (a) The Municipal Court of the City of Coleman, Georgia shall be presided over by a Judge. The City Council shall provide by Ordinance for qualifications, term of office, compensation, procedure for appointment and removal, and other matters, relating to such Judge.
!. (b) The City Clerk shall perform the duties of clerk of the municipal court, and, when required, the City Attorney shall serve as prosecutor in said court. The City Council shall provide by ordinance for such other personnel as may be required to efficiently administer the business of the court.
Section 4.3. Terms; Jurisdiction; Powers, (a) The Municipal Court shall convene at regular intervals as provided by ordinance.
(b) The Municipal Court shall try and punish for violations of all city ordinances.
(c) The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one hundred dollars ($100.00) or thirty (30) days in jail.
(d) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1000.00) or imprisonment for ninety (90) days or both, or to sentence any offender upon conviction to labor in a city work gang or on the street, sidewalks, squares, or other public works for a period not exceeding ninety (90) days.
(e) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law.

4214 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(g) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated.
(h) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(i) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this Charter or by general state law.
(j) The Municipal Court is specifically vested with all of the; jurisdiction and powers throughout the entire area of this city granted by general state laws to mayor's, recorder's and police: courts, and particularly by such laws as authorize the abatement ofl nuisances and prosecution of traffic violations.
Section 4.4. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court ofl Randolph County from the municipal court shall lie in the same manner and under the same procedure as generally prescribed fori

GEORGIA LAWS 1980 SESSION

4215

appeals and appeal bonds from the probate. Provided that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding.
Section 4.5. Rules for Court. With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, the City Council may adopt all or any part of the rules and regulations for procedure in the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the City Clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
Section 5.1. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Georgia Laws 1968, page 885), as now or hereafter amended.
Section 5.2. Regular Elections; Time for Holding, (a) The first election under this Charter shall be held on the first Tuesday in November, 1980, at which time there shall be elected by the qualified voters of said city, a Mayor and five (5) councilmembers. The two councilmember candidates receiving the greatest number of votes at such first election shall hold office for the term of two years and the three councilmember candidates receiving the next highest number of votes shall hold office for one year, all until their successors are elected and qualified, their term of office to commence on the date of the first regular meeting of the City Council following the date of such first election under this charter. The Mayor elected in said first election shall hold office for the term of two (2) years and until his successor is elected and qualified, his term of office to commence on the date of the first regular meeting of the City Council following the date of such first election under this charter.

4216 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Annually, after said first election under this Charter, a municipal general election shall be held on the First Tuesday of November of each year. The annual municipal general election under this subsection (b) of Section 5.2 of Article V during each calendar year of odd number shall be for the purpose of electing councilmembers to the three council posts elected for a one year term in the first election under this charter. The annual municipal general election under this subsection (b) of Section 5.2 of Article V during each calendar year of even number shall be for the purpose of electing councilmembers to the two council posts elected for a two year term in the first election under this charter, and for the purpose of electing a Mayor. The Mayor and councilmembers elected at such elections under this Subsection (b) of Section 5.2 of Article V shall serve terms of two years, which terms shall commence on the date of the first regular meeting of the Mayor and City Council following the date of the annual municipal general election at which such Mayor or councilmembers were elected.
(c) At each annual municipal general election required under this Charter, any person offering as a candidate for a municipal office shall designate, upon qualification, whether he offers as a councilmember candidate or as a candidate for the office of Mayor. In all such elections the councilmember candidates receiving the greatest number of votes shall be elected to the councilmember positions for which such election is conducted, and during annual municipal general elections conducted in calendar years of even number, the candidate for Mayor receiving the greatest number of votes shall be elected to the Office of Mayor.
Section 5.3. Vacancies. In the event the office of Mayor or of any one or more councilmembers become vacant for any reason or cause, the same shall be filled until the next annual election by a person or persons elected by the city council at a regular meeting of said council, and such persons so elected shall serve until their respective successors are elected and qualified.
Section 5.4. Removal of Officers. The Mayor, councilmembers, or others provided for in this Charter shall be removed from office for any one or more of the following causes: (a) incompetence,! misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude;, (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d)

GEORGIA LAWS 1980 SESSION

4217

knowingly violating any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof which shall include repeated failure to regularly attend council meetings without cause; or (f) failure for any other cause to perform the duties of office as required by this charter or by State Law.
Section 5.5. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods:
(a) By the vote of two thirds of the remaining councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the City Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the City Council to the Superior Court of Randolph County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.
(b) By information filed in the Superior Court of Randolph County as provided by State law.
Section 5.6. Recall of Mayor or Council Member. The Mayor or any councilmember shall be subject to recall during his term of office in the following manner:
(a) Whenever 51 per cent of the electors eligible to participate in the last preceding general city election shall so request in a petition filed in the office of the city clerk an election shall be called and held on the subject only of the recall and nonrecall of such official. It shall be the duty of the municipal election superintendent to examine the names on the petition and check the same with the electors registration list to determine if the required number have signed the said petition. A report shall be submitted to the Mayor and Council with the petition at the next meeting held more than five days after the filing of such petition, and if the required number of electors have signed the petition, the governing body shall order an election to be held and the same shall be conducted as provided for special elections in the Georgia Municipal Election 132--2

4218 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Code. At said election, the ballots shall be as follows, with the name of such officer and office inserted in the blanks:

For the recall of

Holding the office ~oT

~

Against the recall of Holding the office of

and shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored.

(b) A meeting of the Mayor and Council shall be called and held on the day following the date of such election for the purpose of receiving and canvassing the returns of the election and declaring the result thereof. If a majority of those voting in the election vote in favor of the recall of the official, his office shall be declared immediately vacant, and at the next regular meeting the vacancy shall be filled in the manner provided in Section 5.3 above, but if a majority of those voting in the election fail to vote in favor of recall, the official shall retain his office and no other recall election shall be held so far as such official is concerned during the remainder of such official's current term of office.

Section 5.7. Other Provisions. Except as otherwise provided by this Charter, the City Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34 A of the Code of Georgia of 1933 (Ga. Law 1968, page 885), as now or hereafter amended.

ARTICLE VI REVENUE AND FINANCE

Section 6.1. Property Tax. The City Council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the City Council in its discretion.

GEORGIA LAWS 1980 SESSION

4219

Section 6.2. Millage Rate, Due Dates, Payment Methods. The City Council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The City Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due.
Section 6.3. Occupation and Business Taxes. The City Council by ordinance shall have the power to levy such occupation or business taxes as are not denied by general state law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons become lawfully taxable by this city. The City Council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 6.9.
Section 6.4. Franchises. The City Council shall have the power to grant franchises for the use of this City's streets and alleys, for the purposes of railroads services, street railway services, telephone services, electric services, cable television services, gas services, transportation services and other similar services. The City Council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration for such franchises; provided, however, no franchise shall be granted unless the city receives just and adequate compensation therefor. The City Council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.5. License; Permits; Fees. The City Council by ordinance shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.9.

4220 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
Section 6.6. Service Charges. The City Council by ordinance shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services, or any other services rendered within and without the corporate limits of the city for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided in Section 6.9.
Section 6.7. Special Assessments. The City Council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.9.
Section 6.8. Construction; Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.9. Collection of Delinquent Taxes and Fees. The City Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 6.1 through 6.8 by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.
Section 6.10. General Obligation Bonds. The City Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issu-

GEORGIA LAWS 1980 SESSION

4221

ances by municipalities in effect at the time said issue is undertaken.
Section 6.11. Revenue Bonds. Revenue bonds may be issued by the City Council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued.
Section 6.12. Short Term Notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law.
Section 6.13. Sale of City Property, (a) The City Council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law as now or later amended at Section 69-318 of the 1933 Code of Georgia (Ga. Law 1976, page 350).
(b) The City Council may quitclaim any rights it may have in property not needed for public purposes upon adoption of a resolution, finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
ARTICLE VII GENERAL PROVISIONS
Section 7.1. Eminent Domain. The City Council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia Law applicable now or provided in the future.
Section 7.2. Official Bonds. The officers and employees of this City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the City

4222 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Council shall from time to time require or as may be provided by State Law.
Section 7.3. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the City Council.
Section 7.4. Construction, (a) Section captions in this Charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is intended to be mandatory and the word "may" is not.
(c) The word "Council" shall mean the city council of the City of Coleman, Georgia.
(d) The singular shall include the plural and vice versa, and the masculine the feminine and vice versa.
Section 7.5. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.
Section 7.6. Repealer. An act incorporating the Town of Coleman in the County of Randolph, approved October 23, 1889 (Georgia Laws 1889, pages 872-876) is hereby repealed in its entirety .and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this Charter are hereby repealed.
Section 7.7. Effective Date. This Charter shall become effective upon its approval by the Governor or upon its becoming law without his approval.

GEORGIA LAWS 1980 SESSION

4223

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to provide a new charter for the City of Coleman, Georgia; to provide for all matters relative thereto; and for other purposes, this 30th day of January, 1980.

Bob Hanner Representative, 130th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner who, on oath, deposes and says that he/she is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: January 31, February 7, 14, 1980.

Isl Bob Hanner Representative, 130th District

4224 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
HARALSON COUNTY - COMPENSATION OF JUDGE OF PROBATE COURT.
No. 1255 (House Bill No. 1831).
AN ACT
To amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2145), so as to change the compensation of the probate judge of Haralson County (formerly ordinary of Haralson County); to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. Laws 1974, p. 2145), is hereby amended by striking Section 3 in its

GEORGIA LAWS 1980 SESSION

4225

entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. The probate judge of Haralson County shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of Haralson County. In addition, he shall continue to receive $50.00 per month for holding and conducting elections and $100.00 per month for handling traffic cases as provided for by an Act fixing minimum salaries for judges of the probate courts, approved April 5, 1978 (Ga. Laws 1978, p. 1953)."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to change the compensation of the Probate Judge of Haralson County; and for other purposes.
This 14 day of January, 1980.
W. Harold Blackmon Probate Judge, Haralson County
Georgia, Haralson County.
To Whom It May Concern: This is to certify that the legal notice attached hereto has been
published in the Haralson County Tribune legal organ for Haralson

4226 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County. The following dates, to-wit: January 17, 1980, January 24, 1980, January 31, 1980.
Sworn to on the 14th day of February, 1980. Is/ Stanley Parkman Publisher
Sworn to and subscribed to before me, on the 14th day of February, 1980.
Is/ Frieda L. Rivers Notary Public. (Seal).
Approved March 26, 1980.
CITY OF PORT WENTWORTH - ORDINANCES. No. 1256 (House Bill No. 1839). AN ACT
To amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, so as to change the penalties for the violation of the laws or ordinances of said city; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

4227

Be it enacted by the General Assembly of Georgia:
Section I. An Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is hereby amended by striking Section 32 of said Act, which reads as follows:
"Section 32. Be it further enacted by the authority aforesaid, that the mayor, or the mayor pro tempore, or the elected recorder, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $200.00, or to imprison offenders in the Chatham County jail (by arrangement with the Chatham County Commissioners first made) or in the barracks of said city for a period of not more than thirty days, or to labor on the public works or the streets of said city under supervision of the chief of police of said city for a period of not more than ninety days. The presiding officer of said police court shall also have power to punish for contempt of court by a fine not to exceed $50.00, or by imprisonment not to exceed thirty days. He shall also have the power to issue warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this State, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at the next term of a court of competent jurisdiction to be held in and for Chatham County.",
and substituting in lieu thereof the following:
"Section 32. The mayor, or the mayor pro tempore, or the elected recorder, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $500.00, or to imprison offenders in the Chatham County jail (by arrangement with the Chatham County Commissioners first made) or in the barracks of said city for a period of not more than thirty days, or to labor on the public works or the streets of said city under supervision of the chief of police of said city for a period of not more than ninety days. The presiding officer of said police court shall also have power to punish for contempt of court by a fine not to exceed $50.00, or by imprisonment not to exceed thirty days. He shall also

4228 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have the power to issue warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this State, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at the next term of a court of competent jurisdiction to be held in and for Chatham County."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that application will be made at the 1980 session of the General Assembly of Georgia after the publication of this notice for the passage of the following amendments to the City Charter, City of Port Wentworth, Chatham County, Georgia, Georgia Laws 1957, Act. No. 2 (Pg. 2003 et. seq. as amended),
ARTICLE V. Police Court, Section 32, Penalties Impassable for Violations of Law, delete "not to exceed two hundred ($200.00) dollars" and substitute therein "not to exceed five hundred ($500.00) dollars".
ARTICLE VII. Taxes, Section 39, Limit. Delete "not exceeding ten (10) mills on each dollar of the valuation thereof," and substituting "not exceeding twenty-five (25) mills on each dollar of the valuation thereof."
Jack Sparkman
Georgia, Chatham County.
Personally appeared before me, the undersigned officer authorized to administer oaths, H. M. Smith, known to me, who being sworn by me, deposes and says:

GEORGIA LAWS 1980 SESSION

4229

That she is the designated agent of The Georgia Gazette and Journal Record, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by The Georgia Gazette Publishing Company, a Georgia corporation;
That The Georgia Gazette and Journal Record is the official organ of Chatham County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law;
That she is authorized by The Georgia Gazette Publishing Company and The Georgia Gazette and Journal Record to make affidavits of publication on behalf of said newspaper;
That she has reviewed the editions of The Georgia Gazette and Journal Record published on Jan. 28, 1980; Feb. 4, 1980; Feb. 11, 1980; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions.

Isl H. M. Smith (Deponent)

Sworn to and subscribed before me, this 11 day of February, 1980.

Isl Carolyn F. Benedict Notary Public, Chatham County, Georgia. (Seal).

Approved March 26, 1980.

4230 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PORT WENTWORTH(TAXATION.
No. 1257 (House Bill No. 1840).
AN ACT
To amend an Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, so as to change the allowable rate of taxation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Port Wentworth and to grant a charter to said city, approved February 6, 1957 (Ga. Laws 1957, p. 2003), as amended, is hereby amended by striking Section 39 of said Act, which reads as follows:
"Section 39. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding ten (10) mills on each dollar of the valuation thereof.",
and substituting in lieu thereof the following:
"Section 39. The mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, to provide by ordinance for the assessment, levy, and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding twenty-five mills on each dollar of the valuation thereof."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

4231

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that application will be made at the 1980 session of the General Assembly of Georgia after the publication of this notice for the passage of the following amendments to the City Charter, City of Port Wentworth, Chatham County, Georgia, Georgia Laws 1957, Act. No. 2 (Pg. 2003 et. seq. as amended),
ARTICLE V. Police Court, Section 32, Penalties Impassable for Violations of Law, delete "not to exceed two hundred ($200.00) dollars" and substitute therein "not to exceed five hundred ($500.00) dollars".
ARTICLE VII. Taxes, Section 39, Limit. Delete "not exceeding ten (10) mills on each dollar of the valuation thereof," and substituting "not exceeding twenty-five (25) mills on each dollar of the valuation thereof."

Jack Sparkman

Georgia, Chatham County.

Personally appeared before me, the undersigned officer authorized to administer oaths, H. M. Smith, known to me, who being sworn by me, deposes and says:
That she is the designated agent of The Georgia Gazette and Journal Record, a newspaper of general circulation published in Savannah, Chatham County, Georgia, by The Georgia Gazette Publishing Company, a Georgia corporation;
That The Georgia Gazette and Journal Record is the official organ of Chatham County pursuant to Ga. Code Sec. 39-1103 and is the newspaper customarily used by the Sheriff of Chatham County for the publication of notices required by law;
That she is authorized by The Georgia Gazette Publishing Company and The Georgia Gazette and Journal Record to make affidavits of publication on behalf of said newspaper;

4232 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
That she has reviewed the editions of The Georgia Gazette and Journal Record published on Jan. 28, 1980; Feb. 4, 1980; Feb. 11, 1980; and says of her own personal knowledge that the advertisement attached hereto and made a part hereof appeared in each of said editions.
/s/ H. M. Smith (Deponent)
Sworn to and subscribed before me, this 11 day of February, 1980.
Isl Carolyn F. Benedict Notary Public, Chatham County, Georgia. (Seal).
Approved March 26, 1980.
TOWN OF NEWINGTON - ELECTIONS. No. 1258 (House Bill No. 1847). AN ACT
To amend an Act granting a new charter to the Town of Newington in Screven County, Georgia, approved February 11, 1969 (Ga. Laws 1969, p. 2003), so as to change the date of the annual election; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

4233

Section 1. An Act granting a new charter to the Town of Newington in Screven County, Georgia, approved February 11, 1969 (Ga. Laws 1969, p. 2003), is hereby amended by striking from the first sentence of Section 1.01 of Article III of said Act the following:
"first Thursday of January of each year",
and substituting in lieu thereof the following:
"second Thursday of January of each year",
so that when so amended the first sentence of Section 1.01 of Article III of said Act shall read as follows:
"Be it further enacted, that regular elections for mayor and councilmen as provided herein shall be held on the second Thursday of January of each year, at such place in the town as the mayor and council designated in the election notice."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the 1980 General Assembly of Georgia, a bill to amend the charter of the Town of Newington, (Ga. Laws 1969, p. 2003 et seq.), so as to amend Article III, Section 1.01, so as to change the time for elections from the first Thursday of January each year to the second Thursday of January of each year, and for other purposes.

4234 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 28th day of January, 1980.
W. Jones Lane Representative, 81st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sylvania Telephone & Screven County News which is the official organ of Screven County, on the following dates: January 31, February 7, 14, 1980.
Is) W. Jones Lane Representative, 81st District
Sworn to and subscribed before me, this 19th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4235

TURNER COUNTY -- COMPENSATION OF HOARD OF COMMISSIONERS.
No. 1259 (House Bill No. 1848).
AN ACT
To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3412), so as to increase the compensation of the chairman and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. Laws 1927, p. 702), as amended, particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3412), is hereby amended by striking from Section 6 of said Act the following:
"$100.00",
and substituting in lieu thereof the following:
"$200.00",
and by striking the following:
"$150.00",
and substituting in lieu thereof the following:
"$250.00",
so that when so amended Section 6 of said Act shall read as follows:
"Section 6. Each member of the board, other than the chairman, shall receive for his services on the board the sum of $200.00 per month. The chairman shall receive the sum of $250.00 per month. Said salaries to be due and payable on the first day of each

4236 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
calendar month for the month served immediately preceding, the same to be full compensation for all services rendered during said month by each of the respective members of said board; except, that each member of said board may also be reimbursed out of the county funds for all necessary out-of-county traveling expenses incurred by said member in connection with his duties, said reimbursement to be subject to the approval of the full board; and, provided, that it shall be paid only after said account, together with the approval of the full board, is spread upon the minutes of said board."
Section 2. This Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a bill in the 1980 session of the General Assembly of the State of Georgia to increase the salaries of the County Commissioners and the Chairman of the County Commissioners of Turner County, Georgia, beginning January 1, 1981; to provide for an effective date for the legislation; and for other purposes in accordance with the provisions and the requirements of the laws and the Constitution of the State of Georgia.
This the 17 day of December, 1979.
Earleen Sizemore, State Representative, 136th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore who, on oath, deposes and says that he/she is Representative from the 136th District, and that the attached copy of Notice of Intention To Introduce

GEORGIA LAWS 1980 SESSION

4237

Local Legislation was published in The Wiregrass Farmer which is the official organ of Turner County, in the manner provided by law.

Isl Earleen Sizemore Representative, 136th District
Sworn to and subscribed before me, this 19th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

TURNER COUNTY - NAMED OFFICIALS PLACED ON SALARY BASIS.
No. 1260 (House Bill No. 1849).
AN ACT
To abolish the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for certain specific fees; to provide for the employment of personnel by said officers; to provide for their compensation; to provide for the operating

4238 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
expenses of said offices; to provide for bonds; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The method of compensating the Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County, known as the fee system, is hereby abolished and, in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided.
Section 2. The clerk of the superior court shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County.
Section 3. The judge of the probate court shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County.
Section 4. The tax commissioner shall receive an annual salary of not less than $15,000.00 nor more than $25,000.00, the exact amount to be determined by the governing authority of Turner County. Said salary shall be payable in equal monthly installments from the funds of Turner County.
Section 5. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for his services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into

GEORGIA LAWS 1980 SESSION

4239

the county treasury. The statement shall show the respective amounts of money collected and the source thereof.
Section 6. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as now or hereafter amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as now or hereafter amended.
Section 7. The Clerk of the Superior Court, the Judge of the Probate Court, and the Tax Commissioner of Turner County are authorized to appoint and employ one deputy for each office. Such deputy shall perform such duties and shall possess such authority as shall be specified by each officer. It shall be within the sole power and discretion of each officer to name the person to be employed as deputy, and the person so appointed and employed shall serve at the pleasure of the officer. Each deputy shall be compensated from the funds of Turner County in an amount to be fixed by the governing authority of Turner County. The compensation shall be paid in equal monthly installments. The governing authority of Turner County shall determine the need for any additional personnel and the compensation of any such additional personnel shall be determined by the governing authority of Turner County from the funds of Turner County.
Section 8. The necessary operating expenses of each of said offices shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Turner County.

4240 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 9. The official bonds of said officers and their respective deputy, assistants and other personnel, as may be required by law, shall be procured by said officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose.
Section 10. An Act to provide for the appointment and employment of a deputy clerk for the office of the Clerk of the Superior Court of Turner County, approved February 16, 1979 (Ga. Laws 1979, p. 3008), is hereby repealed in its entirety.
Section 11. This Act shall become effective on January 1, 1981.
Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given of the intention to introduce a Bill in the 1980 session of the General Assembly of the State of Georgia to change the offices of Clerk of Superior Court, Judge of Probate Court, and Tax Commissioner of Turner County, Georgia from a fee system to a salary system, beginning with the terms of office commencing on January 1, 1981; to provide for the salaries for the above named officers; to provide for an effective date of the legislation; and for other purposes, in accordance with the provisions and the requirements of the laws and in Constitution of the State of Georgia.
This the 24th day of January, 1980.
Earleen Sizemore State Representative, 136th District

GEORGIA LAWS 1980 SESSION

4241

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore who, on oath, deposes and says that he/she is Representative from the 136th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Wiregrass Farmer which is the official organ of Turner County, on the following dates: January 24,31, 1980, February 7, 1980.

Isl Earleen Sizemore Representative, 136th District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

MUNICIPAL COURT IN AND FOR CITY OF COLUMBUS AND MUSCOGEE COUNTY - JUDGE'S SALARY.
No. 1261 (House Bill No. 1850).
AN ACT
To amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace,

4242 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4461), so as to change the compensation of the judge and clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace, and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4461), is hereby amended by striking from Section 10 the following:
"$22,500.00",
and inserting in lieu thereof the following:
"$25,500.00",
so that when so amended Section 10 shall read as follows:
"Section 10. The salary of the judge of said court shall be $25,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County."
Section 2. Said Act is further amended by striking from Section 11 the following:
"$16,000.00",

GEORGIA LAWS 1980 SESSION

4243

and inserting in lieu thereof the following:
"$18,000.00",
so that when so amended Section 11 shall read as follows:
"Section 11. The salary of the clerk of said court shall be $18,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County."
Section 3. This Act shall become effective on January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made of the 1980 session of the Georgia General Assembly for passage of a bill to increase the salaries of the Judge of Municipal Court of Columbus and the Clerk of Municipal Court of Columbus, Muscogee County.
Ernest C. Britton Judge, Municipal Court of Columbus Robert W. Paulk Clerk, Municipal Court of Columbus
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas D. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is

4244 LOCAL AND SPECIAL ACTS AND RESOLUTIONS. VOL. II
the official organ of Muscogee Countv. on the following dates: Januarv 11. 18. 25. 1980.
si Thomas D. Buck. Ill Representative. 95th District
Sworn to and subscribed before me. this 14th dav of Februarv. 1980.
s Susan Gordon Notarv Public, Georgia State at Large. My Commission Expires Dec. 19. 1980. (Seal).
Approved March 26, 1980.
CITY OF LESLIE -- APPEALS FROM MUNICIPAL COURT.
No. 1262 (House Bill No. 1852). AN ACT
To amend an Act providing a new charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), so as to provide that appeals to the Superior Court from the Municipal Court shall be by writ of certiorari: to repeal conflicting laws; and for other purposes.
Be it enacted bv the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

4245

Section 1. An Act providing a new charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), is hereby amended by striking in its entirety the last sentence of Section 4.14 and inserting in lieu thereof the following:
"An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court.",
so that when so amended Section 4.14 shall read as follows:
"Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the Municipal Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court; provided, however, that any person who fails to file his appeal within ten days of the date on his conviction shall be deemed to have waived any such right. An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Leslie, approved March 23, 1977 (Ga. Laws 1977, p. 3614), so as to provide for appeals from the municipal court to the superior court by writ of certiorari; and for other purposes.

4246 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 21st day of January, 1980.
Hugh Carter Senator, 14th District Don Castleberry Representative, 111 th District Bill Murray Representative, 116th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 21, 28, February 4, 1980.
Isl Bill Murray Representative, 116th District

GEORGIA LAWS 1980 SESSION

4247

Sworn to and subscribed before me, this 19th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

STATE COURT OF SUMTER COUNTY -- COMPENSATION OF JUDGE AND SOLICITOR.
No. 1263 (House Bill No. 1853).
AN ACT
To amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), is hereby amended by striking from Section 5A the following:

4248 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"$15,000", and inserting in lieu thereof the following:
"$17,000.00", so that when so amended Section 5A shall read as follows:
"Section 5A. The salary of the Judge of the State Court of Sumter County shall ber$ 17,000.00 per annum, payable in equal monthly installments from the funds of Sumter County."
Section 2. Said Act is further amended by striking from Section 6A the following:
"$10,000", and inserting in lieu thereof the following:
"$13,000.00", so that when so amended Section 6A shall read as follows:
"Section 6A. The Solicitor of the State Court of Sumter County shall receive an annual salary of $13,000.00 per annum, payable in equal monthly installments from the funds of Sumter County."
Section 3. This Act shall become effective January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93) as amended, so as to change the compensation of the judge and solicitor of said court so

GEORGIA LAWS 1980 SESSION

4249

as to make the same reasonably commensurate with compensation of other state court officials in counties of equal or similar population; and for other purposes.

This 21st day of January, 1980.

Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 21,28, February 4, 1980.

Isl Bill Murray Representative, 116th District

133--2

4250 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 19th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
CATOOSA COUNTY - BOARD OF EDUCATION, REFERENDUM.
No. 1264 (House Bill No. 1855).
AN ACT To provide for the election of members of the board of education of Catoosa County; to provide for education districts; to provide the manner of electing members to the board; to provide for qualifications and compensation of the members of the board; to provide for filling vacancies; to provide for the election of a chairman and other officers of the board by the members; to provide for all matters and procedures relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The board of education of Catoosa County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the board of education of Catoosa County, Catoosa County shall be divided into five education districts as follows:

GEORGIA LAWS 1980 SESSION

4251

Education District No. 1. Education District No. 1 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1095 (Blackstock), G.M.D. No. 1109 (Catoosa), and G.M.D. No. 1110 (Woodstation).
Education District No. 2. Education District No. 2 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 930 (Ringgold).
Education District No. 3. Education District No. 3 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1555 (Boynton), G.M.D. No. 1094 (Chambers), and G.M.D. No. 1084 (Graysville).
Education District No. 4. Education District No. 4 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1887 (Eighth) and G.M.D. No. 1888 (Tenth).
Education District No. 5. Education District No. 5 shall be composed of all that territory within Catoosa County embraced within G.M.D. No. 1096 (Ninth) and G.M.D. No. 1894 (Eleventh).
Section 2. The members of the board shall be elected by the voters of the entire county, but candidates may not run for election to said board from any education district other than the district in which their legal residence lies. To be elected as a member of the board, a candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast.
Section 3. No person shall be eligible to represent an education district unless he is at least 25 years of age, a freeholder, and has been a resident of the county at least two years and a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the board shall immediately become vacant.
Section 4. The initial members of the board of education of Catoosa County shall be elected at a special election which shall be held on November 4, 1980. This special election shall be conducted according to the provisions of the Georgia Election Code as con-

4252 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tained in Title 34 of the Code of Georgia, as amended. The candidates elected from districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office of two years each and until their successors are duly elected and qualified. Candidates elected from education districts 3, 4, and 5 at said special election shall take office on the first day of January following their election and shall serve for a term of office of four years each and until their successors are duly elected and qualified. Thereafter, successors who are elected to the initial members of the Catoosa County Board of Education, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of four years and until their successors are duly elected and qualified.
Section 5. At the first meeting of the board, which shall be conducted in January of each year, the board shall elect one of its members as chairman and such other officers as it shall determine. Three members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of $50.00 per month, except the chairman who shall receive $60.00 per month, payable monthly, plus the necessary expenses incurred in carrying out their official duties.
Section 6. Vacancies on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor from the education district in which the vacancy occurred to serve until the next general election, at which time a successor shall be elected by the voters of the entire county from the education district in which the vacancy occurred to serve out the unexpired term of office, Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor from the education district in which the vacancy occurred to serve out the unexpired term of office. The Catoosa County Board of Education created by this Act shall be the successor to all the rights, powers, duties, and obligations of the former Catoosa County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education.

GEORGIA LAWS 1980 SESSION

4253

Section 7. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Catoosa County to issue the call for an election for the purpose of submitting this Act to the voters of Catoosa County for approval or rejection. The election superintendent shall set the date of such election for the same date as the general primary election in August, 1980. He shall issue the call for such election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words:
"For approval of the Act providing for the election of the Catoosa County Board of Education by the people and for the appointment of the county school superintendent of Catoosa County by the board.
Against approval of the Act providing for the election of the Catoosa County Board of Education by the people and for the appointment of the county school superintendent of Catoosa County by the board."
All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Catoosa County. It shall be the duty of the election superintendent to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the election superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

4254 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be requested local legislation for the purpose of calling for a referendum so as to elect the school board members of Catoosa County, at the January, 1980 Session of the General Assembly of the State of Georgia.
This the 15th day of January, 1980.
Robert G. Peters State Representative, Catoosa County, Georgia
Georgia, Catoosa County.
Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 17, 1980, January 24, 1980, January 31, 1980.
Isl Jim Caldwell

GEORGIA LAWS 1980 SESSION

4255

Sworn to and subscribed before me, this the 28 day of January, 1980.
Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal),
Approved March 26, 1980.

CATOOSA COUNTY - TAX COMMISSIONER'S CLERICAL ALLOWANCE.
No. 1265 (House Bill No. 1856).
AN ACT
To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4209), so as to increase the amount of the clerical allowance of said tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved March 24, 1978 (Ga. Laws 1978, p. 4209), is hereby amended by striking from Section 5 of said Act the following:

4256 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"twenty thousand eight hundred dollars ($20,800.00)",
and inserting in lieu thereof the following:
"twenty-five thousand eight hundred dollars ($25,800.00)",
so that when so amended Section 5 shall read as follows:
"Section 5. The compensation of the Tax Commissioner of Catoosa County, as full compensation for any and all duties performed by him as receiver and collector of school district and school bond taxes, and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of eight thousand five hundred dollars ($8,500.00) per annum, to be paid in equal semimonthly installments; and the sum of twenty-five thousand eight hundred dollars ($25,800.00) per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional and special taxes, on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, and on all intangible taxes, but all commissions due to said tax commissioner for school taxes, school bond taxes and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this Section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

4257

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be requested local legislation to alter the salary of the Tax Commissioner of Catoosa County and to increase the clerical allowance, and for any other purpose, at the January, 1980 Session of the General Assembly of the State of Georgia.

This the 15th day of January, 1980.

Robert G. Peters State Representative, Catoosa County, Georgia

Georgia, Catoosa County.

Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 17, 1980, January 24, 1980, January 31, 1980.

Isl Jim Caldwell

4258 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this the 28 day of January, 1980.
Isl Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal).
Approved March 26, 1980.
STATE COURT OF DOUGHERTY COUNTY - JUDGE'S SALARY.
No. 1266 (House Bill No. 1858).
AN ACT
To amend an Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. Laws 1898, p. 295), an Act approved November 15, 1901 (Ga. Laws 1901, p. 93), an Act approved August 5, 1904 (Ga. Laws 1904, p. 114), an Act approved August 20, 1906 (Ga. Laws 1906, p. 147), an Act approved August 22, 1907 (Ga. Laws 1907, p. 129), an Act approved August 14, 1914 (Ga. Laws 1914, p. 177), an Act approved August 7, 1915 (Ga. Laws 1915, p. 61), an Act approved August 20, 1917 (Ga. Laws 1917, p. 211), an Act approved July 19, 1920 (Ga. Laws 1920, p. 303), an Act approved July 18, 1925 (Ga. Laws 1925, p. 346), an Act approved July 19, 1927 (Ga. Laws 1927, p. 378), an Act approved July 29, 1929 (Ga. Laws 1929, p. 366), an Act approved February 15, 1933 (Ga. Laws 1933, p. 287), an Act approved February 25, 1949 (Ga. Laws 1949, p. 2035), an Act approved Febru-

GEORGIA LAWS 1980 SESSION

4259

ary 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2850), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2408), an Act approved March 13, 1957 (Ga. Laws 1957,:: p. 3326),ban Act approved March 21, 1958 (Ga. Laws 1958, p. 2926), an Act approved March 18, 1964 (Ga. Laws 1964, p. 3053), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2505), an Act approved April 18, 1969 (Ga. Laws 1969, p. 2923), an Act approved March 20, 1972 (Ga. Laws 1972, p. 2320), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3257), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3777), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3176), so as to change the compensation of the judge of said court; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section 1. An Act creating the State Court of Dougherty County, formerly known as the City Court of Albany, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. Laws 1898, p. 295), an Act approved November 15, 1901 (Ga. Laws 1901, p. 93), an Act approved August 5, 1904 (Ga. Laws 1904, p. 114), an Act approved August 20, 1906 (Ga. Laws 1906, p. 147), an Act approved August 22, 1907 (Ga. Laws 1907, p. 129), an Act approved August 14, 1914 (Ga. Laws 1914, p. 177), an Act approved August 7, 1915 (Ga. Laws 1915, p. 61), an Act approved August 20, 1917 (Ga. Laws 1917, p. 211), an Act approved July 19, 1920 (Ga. Laws 1920* p. 303), an Act approved July 18, 1925 (Ga. Laws 1925, p. 346), an Act approved July 19, 1927 (Ga. Laws 1927, p. 378), an Act approved July 29, 1929 (Ga. Laws 1929, p. 366), an Act approved February 15, 1933 (Ga. Laws 1933, p. 287), an Act approved February 25, 1949 (Ga. Laws 1949, p. 2035), an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. Laws 1955, p. 2850), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2408), an Act
approved March 13, 1957 (Ga. Laws 1957,srp. 3326), an Act approved March 21, 1958 (Ga. Laws 1958, p. 2926), an Act

4260 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 18, 1964 (Ga. Laws 1964, p. 3053), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2505), an Act approved April 18, 1969 (Ga. Laws 1969, p. 2923), an Act approved March 20, 1972 (Ga. Laws 1972, p. 2320), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3257), an Act approved March 28, 1974 (Ga. Laws 1974, p. 3777), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3176), is hereby amended by striking from Section 10 the following:
"$25,000",
and substituting in lieu thereof the following:
"$35,000", "
and by striking the following:
"The governing authority of Dougherty County may supplement the salary provided in this Section.",
so that when so amended Section 10 shall read as follows:
"Section 10. The judge of the court shall receive an annual salary in the amount of $35,000. Such salary shall be paid in equal monthly installments from the funds of Dougherty County."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Dougherty County, approved December 16, 1897 (Ga. Laws 1897, p. 408), as amended; and for other purposes.

GEORGIA LAWS 1980 SESSION

4261

This 27 day of December, 1979.

Charles Hatcher Representative, 131st District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: January 3, 10, 17, 1980.

,/s/ Charles Hatcher Representative, 131st District

Sworn to and subscribed before me, this 19th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4262 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BRANTLEY COUNTY - BOARD OF COMMISSIONERS.
No. 1267 (House Bill No. 1859).
AN ACT
To amend an Act creating the office of Commissioners of Roads and Revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258), so as to change the composition of the Board of Commissioners of Brantley County; to provide for the election of members and their terms of office; to change the provisions relating to filling vacancies; to change the compensation of the chairman and other members of said board of commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the office of Commissioners of Roads and Revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March i 1, 1968 (Ga. Laws 1968, p. 2258), is hereby amended by striking Sections 1, 2, 3, and 4 in their entirety and inserting in lieu thereof new Sections 1,2, 3, and 4 to read as follows:
"Section 1. There is hereby created a five-member Board of Commissioners of Brantley County who shall administer the affairs of the county.
Section 2. For the purpose of electing members of the board, the respective positions on the board shall be numbered Post 1, Post 2, Post 3, Post 4, and Post 5. A candidate elected to Post 1 shall serve as the chairman of the board of commissioners for Brantley County during his respective term on the board. At the time of qualifying as a candidate for election to the board, a candidate shall designate the post for which he offers for election; and a candidate may not offer for more than one post. Candidates offering for election to the board may reside anywhere within the county.
Section 3. The members of the Board of Commissioners of Brantley County serving on the effective date of this Act, or any successors appointed to fill vacancies created by such members,

GEORGIA LAWS 1980 SESSION

4263

shall serve for a term of office expiring December 31, 1980. At the general election in 1980, the members of the board of commissioners elected to Post 1, Post 2, and Post 3 in accordance with the provisions of Section 2 shall be elected to take office on January 1, 1981, for terms of four years and until their successors are elected and qualified. At said general election in 1980, the members elected to Post 4 and Post 5 shall be elected to take office on January 1, 1981, for terms of two years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
Section 4. The chairman of the board of commissioners shall be the chief executive officer of the board. He shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. He shall receive as compensation for his services as such the sum of $ 1,000.00 per month plus a mileage expense at the rate of \7<p per mile expended in administering the affairs of his office."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. If a vacancy occurs on the Board of Commissioners of Brantley County and the unexpired term of office exceeds twelve months in duration, not less than thirty days after the occurrence of said vacancy the election superintendent of Brantley County shall issue the call for a special election for the purpose of electing a successor to serve out the unexpired term of office. If a vacancy occurs on said board and the unexpired term of office is less than twelve months in duration, the judge of the Superior Court of Brantley County with the longest term of service as judge of said court shall appoint a successor to serve out the unexpired term of office; provided, however, that, if the vacancy occurs in Post 1 and the unexpired term of office is less than twelve months in duration, the person appointed by the judge of the superior court shall not serve as chairman. The duties of the chairman in such a case shall be performed by the vice chairman or, if not the vice chairman for

4264 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any reason, then by the commissioner elected by the members of the board to carry out such duties."
Section 3. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:'
"Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the first Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $125.00 per month for their services as members of the board plus the sum of 17<? per mile expended going to and from meetings of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he shall not be entitled to receive compensation provided for herein for the remainder of that calendar year. The members of the board of commissioners, other than the chairman, shall also receive the sum of $25.00 per called meeting up to two called meetings per month."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioners of roads and revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258); and for other purposes.
This 15th day of January, 1980.
James Moore Representative, 152nd District, Post 1

GEORGIA LAWS 1980 SESSION

4265

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Moore who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 15,22,29, 1980.

/si James Moore Representative, 152nd District

Sworn to and subscribed before me, this 13th day of February, 1980.

Isbt Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

LAURENS COUNTY SMALL CLAIMS COURT ACT AMENDED.
No. 1268 (House Bill No. 1860).
AN ACT
To amend an Act creating and establishing a small claims court in and for Laurens County, approved March 2, 1979 (Ga. Laws

4266 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1979, p. 3071), so as to specify certain powers of the judge of said court; to change certain fees and costs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a small claims court in and for Laurens County, approved March 2, 1979 (Ga. Laws 1979, p. 3071), is hereby amended by adding before the period at the end of the third sentence of Section 1 the following:
", including but not limited to the power to issue warrants, conduct commitment hearings, and approve bail bonds",
so that when so amended said Section 1 shall read as follows:
"Section 1. There is hereby created and established a small claims court in and for Laurens County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia, including but not limited to the power to issue warrants, conduct commitment hearings, and approve bail bonds."
Section 2. Said Act is further amended by striking from subsection (e) the first sentence, which reads as follows:
"When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00.",
and inserting in lieu thereof the following:
"When served as provided, the cost of service shall be in an amount determined by the judge of the small claims court but

GEORGIA LAWS 1980 SESSION

4267

which cost shall not exceed the fee established by law for sheriff's service.",
so that when so amended said subsection (e) shall read as follows:
"(e) When served as provided, the cost of service shall be in an amount determined by the judge of the small claims court but which cost shall not exceed the fee established by law for sheriff's service. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 3. Said Act is further amended by striking from subsections (a) and (b) of Section 8 thereof, wherever it appears, the following:
"$7.50",
and inserting in lieu thereof the following:
"$15.00"> Ih
so that when so amended said Section 8 shall read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $ 15.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $15.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the case at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge

4268 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be entitled to a fee of $15.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury."
Section 4. Said Act is further amended by striking in it entirety Section 23 thereof, which reads as follows:
"Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00 plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of five dollars.",
and inserting in lieu thereof the following:
"Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall not exceed the fee established by law for the execution of a fi. fa. by the sheriff, plus a reasonable amount for drayage, both of which shall be determined by the judge of the small claims court. The rate of commission on all judicial sales shall be 10 percent of the first $250.00 and 5 percent on all sums over that amount, with a minimum of $5.00."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Legal Advertisement.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Laurens County,

GEORGIA LAWS 1980 SESSION

4269

Georgia, by changing the costs of filing, summons, service, and execution; to provide an effective date; to repeal conflicting laws; and, for other purposes.
Leon Green County Attorney

Legal.

Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Laurens County, Georgia, by changing the costs of filing, summons, service, and execution; to provide an effective date; to repeal conflicting laws; and, for other purposes.

Leon Green County Attorney

Georgia, Laurens County.

This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 23, 30, and February 6, 1980.

Certified this the 7th day of February, 1980.

/s/ Dahlia Wren, Editor and Publisher Laurens County News

4270 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 7th day of February, 1980.
Is/'1 Donald W. Gillis Notary Public, Georgia State at Large. My Commission Expires Aug. 15, 1982. (Seal).
Approved March 26, 1980.
CITY OF STILLMORE - ELECTIONS. No. 1269 (House Bill No. 1864). AN ACT
To amend an Act establishing the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), as amended, so as to provide for biennial election of the members of the city council; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), as amended, is hereby amended by striking Section 5 which reads as follows; "Sec. 5. Be it further enacted by the authority aforesaid, That the first election for members of said city council shall be held on the second Monday in January, 1906, and that elections shall be held for members of said city council annually thereafter on the second Monday in January; that all special elections shall be held

GEORGIA LAWS 1980 SESSION

4271

and returns thereof made, in the same manner and under the same regulations as regular elections are held for said city, and at the usual place of holding the same, and at such time as may be selected by said city council; provided, that at least ten days notice shall be given by posting a written or printed notice of the same in front of the said council chamber in said city, and also by publishing a notice of said election in any newspapers that may be published in said city of Stillmore, should one be published therein, not more than ten days nor less than 3 days before said election is held.",
and inserting in lieu thereof a new section to read as follows:
"Section 5. Be it further enacted by the authority aforesaid, after the election for members of said city council and mayor held on the second Monday in January, 1981, elections shall be held for members of said city council and mayor biennially on the second Monday in January. The mayor and council members shall serve for terms of two years after they are elected and qualified and until their successors are elected and qualified."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Stillmore, approved August 24, 1905 (Ga. Laws 1905, p. 1164), so as to change the term of office of the mayor and city councilmen, and for other purposes.
This 28th day of January, 1980.
James E. Daughtry, Mayor City of Stillmore

4272 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Emanuel County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Rogers, Sr., Publisher, who, on oath deposes and says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blade, which is the official organ of Emanuel County, Georgia, on the following dates: January 30, 1980, February 6, 1980, and February 13, 1980.
This 15th day of February, 1980.
Isl William C. Rogers, Sr. Publisher
Sworn to and subscribed before me, this 15th day of February, 1980.
Isl Gwilda Y. Harris Notary Public. My Commission Expires April 4, 1982. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4273

EMANUEL COUNTY - SMALL CLAIMS COURT ACT AMENDED.
1 No. 1270 (House Bill No. 1865).
AN ACT
To amend an Act creating a Small Claims Court in and for Emanuel County, approved April 17, 1975 (Ga. Laws 1975, p. 4341), so as to change the jurisdiction of and certain fees in the court; to repeal conflicting laws; and for other purposes. ;
Be it enacted by the General Assembly of Georgia:
Section l. An Act creating a Small Claims Court in and for Emanuel County, approved April 17, 1975 (Ga. Laws 1975, p. 4341), is hereby amended by striking from Section l the figure "$1,000.00" and inserting in lieu thereof the figure "$1,500.00", so that when so amended Section 1 shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court in and for Emanuel County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,500.00, said jurisdiction to be concurrent with the jurisdiction of any court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking from subsection (d) of Section 6 the figure "$5.00" and inserting in lieu thereof the figure "$10.00", so that when so amended subsection (d) of Section 6 shall read as follows:
"(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

4274 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to increase the statutory limitations of the Small Claims Court of Emanuel County from $1,000.00 to $1,500.00, and to increase the fees paid to bailiffs of said court, and for other purposes.
This 28th day of January, 1980.
H. Kelmer Durden, Judge Small Claims Court of Emanuel County, Georgia
Georgia, Emanuel County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Rogers, Sr., Publisher who, on oath deposes and says that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blade, which is the official organ of Emanuel County, Georgia, on the following dates: January 30, 1980, February 6, 1980, and February 13,1980.
This 15th day of February, 1980.
Isl William C. Rogers, Sr., Publisher

GEORGIA LAWS 1980 SESSION

4275

Sworn to and subscribed before me, this 15th day of February, 1980.
Isl Gwilda Y. Harris Notary Public. My Commission Expires 4-4-82. (Seal).
Approved March 26, 1980.

LAURENS COUNTY - COMPENSATION OF JUDGE OF PROBATE COURT.
No. 1271 (House Bill No. 1866).
AN ACT
To amend an Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971, (Ga. Laws 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), an Act approved March 4, 1977 (Ga. Laws 1977, p. 2807), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3953), so as to change the compensation of the Judge of the Probate Court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the Judge of the Probate Court of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. Laws 1971, p. 2622), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), an Act

4276 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved March 4, 1977 (Ga. Laws 1977, p. 2807), an Act approved March 24, 1978 (Ga. Laws 1978, p. 4463), and an Act approved April 11, 1979 (Ga. Laws 1979, p. 3953), is hereby amended by striking from Section 1 the following:
"$16,906.00"
and inserting in lieu thereof the following:
"$18,090.00"
so that when so amended, said Section shall read as follows:
"Section 1. After the effective date of this Act, the present method of compensating the Probate Court Judge of Laurens County, known as the fee system, is hereby abolished and in lieu thereof the probate court judge shall receive a salary of $ 18,090.00 per annum, payable in equal monthly installments from the funds of Laurens County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites heretofore allowed as compensation to the probate court judge, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Legal.
Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter

GEORGIA LAWS 1980 SESSION

4277

the compensation of the Judge of the Probate Court of Laurens County, to provide an effective date, and for other purposes.
Leon Green County Attorney

Legal Ad.

Notice is hereby given that there will be introduced in the 1980 regular session of the General Assembly of Georgia, a bill to alter the compensation of the Judge of the Probate Court of Laurens County, to provide an effective date, and for other purposes.

Leon Green County Attorney

Georgia, Laurens County.

This is to certify that the attached Advertisement was published in the Laurens County News, Dublin, Georgia, a newspaper of general circulation in the State and County above and the newspaper in which the advertisements of the Sheriff of Laurens County, are published, and that the attached was published on January 30, February 6 and 13, 1980.

Certified this the 14th day of February, 1980.

/si' Dahlia Wren, Editor and Publisher : Laurens County News

4278 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of February, 1980.
Is/ Donald W. Gillis Notary Public. Georgia, Laurens County. My Commission Expires August 15, 1982. (Seal).
Approved March 26, 1980.
STATE COURT OF THOMAS COUNTY - SALARIES, PRACTICE AND PROCEDURE.
No. 1272 (House Bill No. 1867).
AN ACT
To amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas), approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. Laws 1967, p. 2821 and Ga. Laws 1967, p. 2824), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), and Acts approved March 13, 1978 (Ga. Laws 1978, p. 3259 andGa. Laws 1978, p. 3262), so as to change the salary to be paid to the judge and solicitor general of said court; to provide for trial in said court, in civil and criminal cases, by a jury of six, and to provide for the size of the jury panels and the method and manner of selection; to provide the procedures in connection therewith; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 1980 SESSION

4279

Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas), approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. Laws 1967, p. 2821 and Ga. Laws 1967, p. 2824), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), and Acts approved March 13, 1978 (Ga. Laws 1978, p. 3259 and Ga. Laws 1978, p. 3262), is hereby amended by striking the last two sentences of Section 12 in their entirety and inserting in lieu thereof the following:
"The said Judge shall receive a salary of not less than $12,000.00 per annum, which shall be paid monthly out of the treasury of Thomas County. The salary of the Judge shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same."
Section 2. Said Act is further amended by striking in its entirety Section 16(b), as amended, and inserting in lieu thereof a new Section 16(b) to read as follows:
"(b) The Solicitor General shall receive a salary of not less than $9,000.00 per annum, which shall be paid monthly out of the treasury of Thomas County. The salary of the Solicitor General shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same."
Section 3. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows:
"Section 23. Be it further enacted that the jurors in said court shall be drawn from the traverse jury list of the Superior Court of Thomas County and that in the trial of all civil and criminal cases in the State Court of Thomas County, said case shall be submitted to a jury of six (unless trial by jury be waived), selected from a panel of twelve qualified jurors, from which panel each side shall have the right of three peremptory strikes, thus providing a jury of six for the trial of the case."

4280 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that there will be introduced at the 1980 Session of the Georgia General Assembly an Act to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of Thomasville, in and for the County of Thomas) approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, so as to provide for trial in said Court, in civil and criminal cases, by a jury of six, and to provide for the size of the jury panels and the method and manner of selection; to provide the procedures in connection therewith; to repeal conflicting laws; and for other purposes.
This 31st day of December, 1979.
Board of Commissioners of Thomas County, Georgia By: Ronald A. Cohen Attorney for Thomas County, Georgia
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he/she is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local

GEORGIA LAWS 1980 SESSION

4281

Legislation was published in the Times Enterprise which is the official organ of Thomas County, on the following dates: January 4, 11, 18, 1980.
/s/M Bobby Long Representative, 142nd District

Sworn to and subscribed before me, this 18th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

LEGISLATIVE ADVISORY COMMISSION ON LOCAL GOVERNMENT FOR CERTAIN COUNTIES (170,000 - 190,000).
No. 1273 (House Bill No. 1869).
AN ACT
To create a Legislative Advisory Commission on Local Government for each county of this State having a population of not less than 170,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census; to provide for the membership and duties of such Commission; to provide for budgeting and to authorize the expenditure of certain public funds; to provide for a report and termination date; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: 134--2

4282 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. (a) There is hereby created a Legislative Advisory Commission on Local Government for each county of this State having a population of not less than 170,000 nor more than 190,000 according to the United States decennial census of 1970 or any future such census. As used in this Act, the word "Commission" means the Commission herein created.
(b) The Commission shall be composed of 20 members who shall be appointed as follows:
(1) Each member of the General Assembly whose Senatorial or Representative district lies wholly within a county subject to this Act shall appoint two members to the Commission.
(2) Each member of the General Assembly whose Senatorial or Representative district lies partly within and partly without a county subject to this Act shall appoint one member to the Commission.
(c) No person who is a member of the General Assembly on the effective date of this Act shall be eligible to serve as a member of the Commission.
(d) The members of the General Assembly shall make the appointment of members of the Commission by not later than May 1, 1980. Such appointments shall be made by letter to the Chief Judge of the superior courts of the judicial circuit wherein a county subject to this Act lies. Upon receiving the letters making the appointments to the Commission as provided herein, said Chief Judge shall call the organizational meeting of the Commission for May 15, 1980. In such call said Chief Judge shall specify the time and place of such organizational meeting.
(e) At said organizational meeting, the Commission shall elect from its own membership a Chairman, Vice Chairman, and Secretary-Treasurer of the Commission. The Commission shall provide for its own governance by the adoption of bylaws or rules or regulations for such purpose; provided, however, that a majority of the members serving shall constitute a quorum for the transaction of business. The Commission shall be authorized to establish such subcommittees as it deems necessary or appropriate.

GEORGIA LAWS 1980 SESSION

4283

(f) Each member of the Commission shall receive the sum of $10.00 per day for attending meetings of the Commission or subcommittees thereof within the territorial boundaries of a county affected by this Act. Each member of the Commission shall be reimbursed for actual and necessary expenses incurred in attending meetings of the Commission or subcommittees thereof outside the boundaries of such county. The Commission shall meet on the call of the Chairman or any seven members of the Commission at such times and places as necessary to carry out its duties and responsibilities as hereinafter provided. All meetings of the Commission shall be open to the public and each member of the General Assembly or his successor who made appointments to the Commission shall be notified, in writing, of the date, time and place of each meeting of the Commission.
(g) In the event of a vacancy on the Commission for any reason, such vacancy shall be filled by the member of the General Assembly then representing the Senatorial or Representative district from which the original appointment was made. No vacancy or vacancies on the Commission shall impair its authority to accomplish its duties as provided by this Act.
Section 2. Subject to budgetary limitations hereinafter provided, the Commission shall be authorized to employ such staff, consultants, and clerical personnel as may be necessary for it to carry out efficiently and effectively its duties and responsibilities under this Act.
Section 3. (a) As soon as practicable after the organizational meeting, it shall be the duty of the Commission to prepare a budget covering its entire period of operation which shall be from the date of the organizational meeting until March 1, 1982. Said budget shall show in detail anticipated expenditures for all employees of the Commission, consultant fees, office rent, supplies, equipment, printing, and other incidental expenses. It shall be the duty of the governing authority of a county subject to this Act to cooperate fully with the Commission in avoiding any unnecessary expenditures by the Commission. The Commission shall not budget in excess of $50,000.00 for its entire period of operation, and the governing authority of a county subject to this Act shall not expend more than $50,000.00 for the operation of the Commission during its entire period of operation.

4284 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) When prepared, the budget shall be submitted to the governing authority of a county subject to this Act for review and approval within 30 days of its submission to said governing authority. The Commission shall make such amendments to the budget as may be directed by said governing authority and resubmit the budget to said governing authority for adoption. Once adopted, the budget may be amended from time to time, if necessary, but only with the approval of the governing authority of such county.
(c) The funds necessary for the operation of the Commission shall come from the funds of the respective counties subject to this Act, and it is hereby declared that the expenditure of such funds is for a public purpose and for a necessary governmental function.
(d) All expenditures by the Commission, including reimbursement of expenses incurred by members of the Commission, shall be approved by the Chairman or by the Vice-Chairman in the absence of the Chairman.
Section 4. (a) It shall be the duty of the Commission to review and evaluate the operation, revenues, expenditures, types and degrees of services provided, duplication of services, and organization of the various political subdivisions located within a county subject to this Act. It shall be the purpose of such review and evaluation to make recommendations to the members of the General Assembly specified in subsection (b) of Section 1 of this Act regarding proposed legislation to improve the delivery of governmental services by the political subdivisions located within such county. By way of illustration and not of limitation, the Commission, based on its review and evaluation, may make recommendations relative to city-county consolidation, including a proposed consolidated government charter, other forms of governmental reorganization, merger of services, intergovernmental contracts for the provision of services, and incorporation of unincorporated areas of any such county.
(b) In carrying out its duties as provided in subsection (a) of this Section, the Commission may consult with and seek the advice of such State and local public agencies and private individuals, associations, and organizations as the Commission deems appropriate.

GEORGIA LAWS 1980 SESSION

4285

Section 5. The Commission shall complete its review and evaluation and issue a report thereon to the members of the General Assembly specified in subsection (b) of Section 1 of this Act by October 1, 1981. The Commission shall continue to exist for the purpose of meeting with said members of the General Assembly to discuss and explain the Commission's recommendations until March 1, 1982, on which date the Commission shall stand abolished.
Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

SMALL CLAIMS COURTS IN CERTAIN COUNTIES (33,300 - 34,056) (31,700 - 32,300).
No. 1274 (House Bill No. 1871).
AN ACT
To amend an Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by the Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), and as further amended by the Act approved March

4286 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
15, 1963 (Ga. Laws 1963, p. 2227), and as further amended by the Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), and as further amended by the Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), so as to change certain population brackets; to change the jurisdiction of such courts; to change the provisions relating to costs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a small claims court in each county of this state having a population of not less than 33,300 nor more than 34,056 according to the United States decennial census of 1960 or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 2852), as amended by the Act approved March 6, 1962 (Ga. Laws 1962, p. 3195), and as further amended by the Act approved March 15, 1963 (Ga. Laws 1963, p. 2227), and as further amended by the Act approved March 31, 1965 (Ga. Laws 1965, p. 3076), and as further amended by the Act approved April 21, 1967 (Ga. Laws 1967, p. 3309), is hereby amended by striking Section 1 thereof in its entirety and inserting in lieu thereof the following:
"Section 1. There is hereby created and established in each county in this state having a population of not less than 31,700 and not more than 32,300 according to the United States decennial census of 1970 or any future such census a court known as the small claims court, which court shall have civil jurisdiction in all cases at law in which the principal amount of the demand or damages claimed or value of the property involved does not exceed $1,500.00, said jurisdiction to be county-wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties; and such jurisdiction shall include the power to issue writs of garnishment and attachment and to foreclose chattel mortgages and other instruments passing or retaining title to personalty for the purpose of securing debt and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the Constitution and laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 8 thereof in its entirety and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

4287

"Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $11.50 in claim cases against a single defendant, and $5.00 for each additional defendant in claims against two or more joint defendants, which shall cover the costs of that proceeding up to and including the rendering of a judgment, except the costs of serving process or notices to defendants and summonsing witnesses and hearing sworn testimony when required; but the deposit of costs as filing fees in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, and in actions ex delicto or in tort, shall be $13.50; and, in all contested actions ex delicto, the judge shall be entitled to additional compensation of $15.00 for each hour or fraction thereof required in hearing such cases; and in all other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in all claim cases and illegalities instituted by third persons after levy or after garnishment, the costs shall be $13.50, to be deposited by the party instituting such action and finally taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny any litigant to proceed further in the case pending, and the judge shall also have the power to issue executions in favor of the officers of the court for any unpaid costs and have same enforced by levy and sale, by garnishment, or both. The final award of court costs, as between litigants, shall be according to the discretion of the judge and shall be taxed in the case at his discretion."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

4288 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ATLANTA ^ APPROPRIATIONS TO PURCHASE EVIDENCE, ETC.
No. 1275 (House Bill No. 1874).
AN ACT
To amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to provide that the corporate powers of the City of Atlanta shall include the power to appropriate general funds for the purchase of evidence and information by law enforcement officers; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section iJ Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of 60 days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1976, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law.
Section 2. Appendix I of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188), approved March 16, 1973, is hereby amended by adding to the corporate powers of the City of Atlanta the power to appropriate general funds for the purchase of evidence and information for use by law enforcement officers in the performance of their official duties, said power to be labeled (58) and to read as follows:
"To appropriate monies from the general fund for the purchase of evidence and the purchase of information by law enforcement officers of the City in the performance of their official duties."

GEORGIA LAWS 1980 SESSION

4289

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without approval.
Section 4. All laws and parts of laws in conflict herewith are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that the City of Atlanta, the Atlanta Board of Education and the Atlanta Independent Public School System as a part of such City, intends to apply for the passage of local legislation at the 1980 Session of the General Assembly of Georgia, which convenes on Monday, January 14, 1980, to amend the Charter of the City of Atlanta, including the laws applicable to the Atlanta Board of Education and the Atlanta Independent Public School System, the title of such bill or bills to be as follows:
"An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a New Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, and for other purposes"; and/or "An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, p. 2167), as amended, and for other purposes."
This 12th day of December, 1979.
William M. (Bill) Alexander Legislative Coordinator City of Atlanta William Stanley Legislative Coordinator Atlanta Board of Education Atlanta Independent School System

4290 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus who, on oath, deposes and says that he/she is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 26, 1979, January 2, 9, 1980.
Isl Sidney J. Marcus Representative, 26th District
Sworn to and subscribed before me, this 20th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
MITCHELL COUNTY - CORONER PLACED ON SALARY BASIS.
No. 1276 (House Bill No. 1875).
AN ACT To abolish the present mode of compensating the coroner of Mitchell County, Georgia, known as the fee system; to provide in lieu

GEORGIA LAWS 1980 SESSION

4291

thereof an annual salary for the coroner; to provide for the payment of mileage to the coroner for out-of-town trips; to provide for periodic statements to the board of commissioners by the coroner; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The present mode of compensating the coroner of Mitchell County, known as the fee system, is hereby abolished and, in lieu thereof, an annual salary for said officer is prescribed as hereinafter provided.
Section 2. The coroner of Mitchell County shall receive an annual salary of not less than $1,800.00 payable in equal monthly installments from the funds of Mitchell County.
Section 3. The coroner shall receive, in addition to his salary, the sum of 20c per mile for all necessary and legal travel outside of Mitchell County and which payment shall be made monthly on presentation by the coroner of proof of authorized trips and the total mileage during that month.
Section 4. Even though the coroner is placed on salary, he shall make a monthly report to the governing authority of Mitchell County of all official acts of the coroner for the preceding month. These statements shall be filed with the clerk of the governing authority not later than the fifth day of each month hereafter.
Section 5. The compensation provided in this Act shall be the entire compensation which the coroner might be entitled to receive.
Section 6. In the event that an official bond is required of the coroner, the premiums and costs thereof shall be paid out of county funds available for that purpose.
Section 7. The board of commissioners shall have the right to fix the salary of the coroner annually and any other lawful expenditure

4292 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for said office. The decision of the board of commissioners shall be final.
Section 8. The provisions of this Act shall become effective January 1, 1981.
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that legislation will be applied for during the 1980 session of the Georgia Legislature, placing the Coroner of Mitchell County on salary, fixing the salary of such office and for other purposes.
Board of Commissioners of Mitchell County Frank S. Twitty, Sr. County Attorney Camilla, Georgia
Georgia, Mitchell County.
Personally appeared before the undersigned office authorized to administer oaths, B. T. Burson, who, after being duly sworn as provided by law, deposes and states that he is publisher of the Camilla Enterprise, the official news organ of Mitchell County, Georgia, a newspaper of general circulation in said County and the newspaper in which the Sheriff's advertisements regularly appear.
Deponent further states that the above and foregoing notice was published in the said Camilla Enterprise, once a week for three weeks, to-wit: in the regular issues of February 1,8 and 15, 1980.
Isl B. T. Burson

GEORGIA LAWS 1980 SESSION

4293

Sworn to and subscribed before me, this 18th day of February, 1980.

Isl Adayna B. Broome Notary Public. My Commission Expires June 4, 1982. (Seal).

Approved March 26, 1980.

CHATTOOGA COUNTY ^ SMALL CLAIMS COURT ACT AMENDED.
No. 1277 (House Bill No. 1876).
AN ACT
To amend an Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979 (Ga. Laws 1979, p. 4066), so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979 (Ga. Laws 1979, p. 4066), is hereby amended by striking from subsection (d) of Section 6 the figure "$5.00" and inserting in lieu thereof the figure "$10.00", so that when so amended said subsection shall read as follows:

4294 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $10.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided and shall be taxed as other costs."
Section 2. Said Act is further amended by striking from Section 8 the figure "$10.00", wherever the same appears, and inserting in lieu thereof the figure "$12.50", so that when so amended said section shall read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $12.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
1 (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The costs shall be $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge."
Section 3. Said Act is further amended by striking from Section 23 the figure "$5.00" and inserting in lieu thereof the figure "$10.00", so that when so amended said section shall read as follows:
"Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $ 10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars."

GEORGIA LAWS 1980 SESSION

4295

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a Small Claims Court for Chattooga County, approved April 11, 1979, (Ga. Laws 1979, p. 4066), so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; and for other purposes.
This 22 day of January, 1980.
John G. Crawford Representative, 5th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John G. Crawford who, on oath, deposes and says that he/she is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 24, 31, February 7, 1980.
ls>J 9 John G. Crawford Representative, 5th District

4296 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
CITY OF MADISON -- MAYOR'S COURT. No. 1278 (House Bill No. 1880). AN ACT
To amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, so as to change certain provisions relating to penalties which may be imposed in the mayor's court; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. Laws 1890-91, Vol. II, p. 827), as amended, is hereby amended by striking from Section XVIII the following: "one hundred dollars", and inserting in lieu thereof the following:

GEORGIA LAWS 1980 SESSION

4297

"five hundred dollars",
so that when so amended said section shall read as follows:
"Sec. XVIII. Be it further enacted, That the mayor, or in his absence or disqualification any two or more aldermen, shall as often as may be necessary hold a police court, to be known as the mayor's court, for the trial of all offenders against the laws and ordinances of the city of Madison. Said mayor's court shall have full power and authority, upon conviction, to sentence such offenders to pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding thirty days, or be put at labor upon the streets or other public works in said city for a period not to exceed six months. Either or all of said penalties may be imposed in the discretion of the court. Said court shall have the power to preserve order and compel the attendance of witnesses, to punish for contempt, said punishment not to exceed the punishment hereinbefore provided for offenders against the laws and ordinances."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Local Legislation.
Notice is hereby given that there will be introduced during the 1980 Session of the Georgia General Assembly a bill to amend an act creating a new charter for The City of Madison, Georgia approved October 6, 1891 (Georgia Laws 1890, 1891, Volume 2, Page 827) as amended so as to change certain provisions relating to the Mayor's Court and for other purposes.
This 23rd day of January, 1980.
E. R. Lambert Representative, 112th District

4298 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: January 24, 31, February 7, 1980.
Is/ E. R. Lambert Representative, 112th District
Sworn to and subscribed before me, this 25th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
CITY OF DOUGLAS W QUORUM OF BOARD OF COMMISSIONERS.
No. 1279 (House Bill No. 1881).
AN ACT To amend an Act creating the charter for the City of Douglas, approved/December 20, 1899 (Ga. Laws 1899, p. 177), as amended,

GEORGIA LAWS 1980 SESSION

4299

particularly by an Act approved March 12, 1941 (Ga. Laws 1941, p. 1323) and an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833), so as to change the requirements for a quorum; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. Laws 1899, p. 177), as amended, particularly by an Act approved March 12, 1941 (Ga. Laws 1941, p. 1323) and an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833), is hereby amended by striking from the last sentence of Section 10 of the 1941 amendatory Act, approved March 12, 1941 (Ga. Laws 1941, p. 1323), as amended by an Act approved March 13, 1957 (Ga. Laws 1957, p. 2833) the following:
"Three",
and substituting in lieu thereof the following:
"Four",
so that when so amended Section 10 shall read as follows:
... "Section 10. The commissioners, at their first meeting and at their first meeting in each succeeding term thereafter, shall elect by a majority vote one of their members as mayor pro tern. The mayor and mayor pro tern shall have imposed upon them all of the duties now exercised and imposed upon the mayor and the mayor pro tern of said city, except as herein otherwise expressly provided. Neither the mayor nor the mayor pro tem shall have veto power, but they shall have a vote on all questions before the board of commissioners. Four members of the commission shall constitute a quorum and may exercise any power delegated to the commission."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

4300 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act providing that three members of the City Commission of the City of Douglas, shall constitute a quorum, and for the other purposes, approved March 12, 1941 (Ga. Laws 1941, p. 1323, Act No. 185, Section 10; Ga. Laws 1957, p. 2833, Act No. 309, Section 7), as amended; to repeal conflicting laws, and for other purposes.
This 22nd day of January, 1980.
James Moore Representative, 152nd District, Post 1
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Moore who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 31, 1980, February 7, 14, 1980.
Isf James Moore Representative, 152nd District

GEORGIA LAWS 1980 SESSION

4301

Sworn to and subscribed before me, this 21st day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

CITY OF MOULTRIE - CIVIL SERVICE SYSTEM, ETC.
No. 1280 (House Bill No. 1883).
AN ACT
To amend an Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 3250),* so as to change certain provisions relating to ratings under the civil service system; to change the provisions relating to corporate limits of said city; to change the provisions relating to powers of the council; to change the provisions relating to assessment and collection of taxes; to change the provisions relating to the selection of a mayor pro tern; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a new charter for the City of Moultrie, approved March 3, 1943 (Ga. Laws 1943, p. 1458), as amended, particularly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 3250), is hereby amended by striking in its

4302 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
entirety Section 16 of said 1951 amendatory Act and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. Ratings and eligibility. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to anyone special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated satisfactory shall be eligible for appointment, and their names shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the director for all those on any register when conditions of good administration render it inexpedient to hold a new examination."
Section 2. Said 1943 Act is further amended by adding at the end of Section 2 a new paragraph to read as follows:
"The corporate limits of said City shall also include the following described property:
`the outfall sewer line from Spence Field, MoultrieThomasville Airport (Sunset Airport), and any other property the City of Moultrie may now or hereafter devote to public purposes without regard to the nature of the property interest of the City.'"
Section 3. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new Section 17 to read as follows:
"Section 17. At the first meeting of the council after their qualification, they shall choose a city manager, a city attorney, and a city recorder. They shall also choose a city representative to the board of trustees of the public library and appoint city members to the joint planning commission and to the city board of zoning

GEORGIA LAWS 1980 SESSION

4303

appeals as their terms expire, as herein provided. They may also choose a comptroller and specify his duties. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required give such bond as may be fixed by the council."
Section 4. Said Act is further amended by striking from paragraph (7) of subsection (b) of Section 18 the following:
"one thousand dollars ($ 1,000.00)",
and inserting in lieu thereof the following:
"fifteen hundred dollars ($ 1,500.00)",
so that when so amended paragraph (7) shall read as follows:
"(7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinances passed by the council, provided that no contract, purchase or obligation involving over fifteen hundred dollars ($1,500.00) shall become valid and binding until after approval of the council."
Section 5. Said Act is further amended by striking Section 42 in its entirety and inserting in lieu thereof a new Section 42 to read as follows:
"Section 42. The Council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under this Act by whatever reasonable means as are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions."
Section 6. Said Act is further amended by striking in its entirety Section 42A, which reads as follows:

4304 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 42A. Any City taxpayer who returned or paid taxes in the City for the preceding tax year and who fails to return his property for taxation as previously required, shall be deemed to have returned for taxation for the current year the same property as was returned in the preceding year at the same valuation as such property was finally determined to be subject to taxation in the preceding year."
Section 7. Said Act is further amended by striking in its entirety Section 43, which reads as follows:
"Section 43. Be it further enacted, that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the council, the term of each tax assessor to be for a period of three years. The present tax assessors of the city of Moultrie shall continue in office as tax assessors of the City of Moultrie under this charter until the expiration of the term for which they were elected and until their successors are elected and qualified. At the first meeting of the council after the close of tax books for the year 1943, they shall elect a member of the board for a term of three years to fill the place of the members whose term expires in 1943. Yearly, thereafter, immediately after the close of the tax books of said city said council shall elect a city tax assessor for the term of three years. In case of a vacancy on said board, said council may cause said vacancy to be filled by election at any time. In case said election for such assessor or assessors do not occur at the prescribed time, said council may elect said assessors at any time subsequent to said time. Said city tax assessor may at any time be moved from office by the council for any good and sufficient cause, to be judged of by said council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property when, in their judgment, the value placed thereon by the taxpayer is too small. The council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them; Provided, that the council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a

GEORGIA LAWS 1980 SESSION

4305

time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policeman of said city, or mailed to said person to his last known address, with postage prepaid. Said council shall have power and authority to provide, by ordinance, for assessing all property, both real and personal, not returned for taxation, and for double taxing tax defaulters. The city tax assessors shall take such oath and receive such pay as the council may prescribe. Said city assessors shall have power to require said taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds, gross insurance premiums collected and other securities and investments when, in their opinion, their production is necessary for a correct assessment; the council may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guardhouse, or on the city chaingang, or a fine of one hundred dollars; any one or all of these may be assessed against such offenders."
Section 8. Said Act is further amended by striking Section 81 in its entirety and inserting in lieu thereof a new Section 81 to read as follows:
"Section 81. At the first meeting in the month of July following a regular municipal election, the council shall choose a Mayor pro tern from their members. If a vacancy occurs in the office of Mayor, or in case of his absence or disability, the Mayor pro tern shall act as Mayor for the unexpired term or during the continuance of the absence or disability. In the absence of the Mayor and Mayor pro tern, any of said councilmen so selected at the time may act as Mayor pro tem."
Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

4306 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Local Bill.
Notice is hereby given of intention to apply for the passage at the 1980 regular session of the General Assembly of Georgia of a local bill to amend "An Act to create and establish a new charter for the City of Moultrie" approved March 3, 1943. (Ga. Laws 1943, pp 1458-1498), and Acts amendatory thereof, and for other purposes.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Matthews who, on oath, deposes and says that he/she is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 24 and 31, 1980, February 7 and 14, 1980.
Isl Hugh Matthews Representative, 145th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

GEORGIA LAWS 1980 SESSION

4307

CITY OF TENNILLE - CORPORATE LIMITS.
No. 1281 (House Bill No. 1884).
AN ACT
To amend an Act creating a new charter for the City of Tennille, approved August 21, 1906 (Ga. Laws 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 2797), so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Tennille, approved August 21, 1906 (Ga. Laws 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. Laws 1957, p. 2797), is hereby amended by adding a new section following Section 2A to read as follows:
"Section 2B. The following described area shall also be included within the corporate limits of the City of Tennille:
`All those strips or parcels of land lying situate and being in the 1488th G. M. District of Washington County, Georgia,, said land being more accurately described as to metes and bounds, courses and distances by a plat of survey by Barker & Associates dated February 12, 1980, recorded in Plat Book 1-D, page 23, Office of the Clerk of Superior Court of Washington County, Georgia. Said plat and the record thereof are by this reference made a part of this description and in further aid of the description. Said land being further described as beginning at the western City Limits of the City of Tennille on the South side of State Route 68, thence running in a northwesterly direction along the southern right of way line for a distance of 1200 feet more or less with a strip one foot wide to the property of C. V. Smith marked by an iron pin; thence 5141 minutes and 4 seconds southwest for a distance of 380.8 feet to a point; thence south 8 8 minutes east for a distance of 155.8 feet to a point; thence south 52 13' 40 seconds west for a distance of 271.5 feet to a point thence North 35 35 minutes west for a distance of 524.4 feet to a point thence North 53 13' East for a distance of 455.5 feet to a point; thence south 7244' East for a distance of

4308 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
460.5 feet being the iron pin at the beginning of the property of C. V. Smith, Sr.
Also beginning at the westerly City Limits of the City of Tennille on the North side of State Route 68 and thence running in a northwesterly direction with a strip one foot wide along the right of way of State Route 68 for a distance of 1,620 feet more or less, to the property line of Elizabeth B. Simmons; thence North 43Eest for a distance of three feet to an iron pin; thence North 53"West for a distance of 652 feet to an iron pin; thence south 26West for a distance of 275 feet to an iron pin on the northern right-of-way of State Route 68; thence continuing along the northern right of way line of State Route 68 with a one foot strip for a distance of 4,400 feet more or less to a point on said right of way line; thence at a right angle for a distance of 400 feet in a northeasterly direction; thence at a right angle in a westerly direction for a distance of 300 feet; thence in a southwesterly direction for a distance of 400 feet back to the right of way line of State Route 68; thence along said right of way with a one foot strip in a northwesterly direction for 1,200 feet more or less to the property line of the VFW; thence north 45East for a distance of 208.75 feet, thence north 45 West for a distance of 417.5 feet; thence South 45 West for a distance of 208.75 feet and back to the right of way line of State Route 68; thence south 45East for a distance of 417.5 feet which would be back at the beginning point of the VFW property.' "
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Public Notice.
Notice is hereby given that there will be introduced at the regular session of the 1980 Georgia General Assembly a bill to amend the Charter of the City of Tennille, approved August 21, 1906, (Ga.

GEORGIA LAWS 1980 SESSION

4309

Laws 1906, page 1073 as amended) so as to change the corporate limits of the City of Tennille; and for other purposes.
Jimmy Lord Representative, 105th District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lord who, on oath, deposes and says that he/she is Representative from the 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: January 24, 31, February 7, 1980.

Isl Jimmy Lord Representative, 105th District
Sworn to and subscribed before me, this 26th day of February, 1980.

hi Elizabeth Ann Johnson Notary Public, Georgia State at Large.
My Commission Expires Nov. 1, 1981. (Seal).

Approved March 26, 1980.

4310 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BOARDS OF EDUCATION IN CERTAIN COUNTIES (10,570 - 10,900).
No. 1282 (House Bill No. 1886).
AN ACT
To provide that in each county of this state having a population of not less than 10,570 nor more than 10,900 according to the United States decennial census of 1970 or any future such census, the grand jury shall fill any vacancies occurring in the board of education; to provide for procedures; to provide an effective date; to provide a termination date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Notwithstanding any other provisions of law to the contrary, in each county of this state having a population of not less than 10,570 nor more than 10,900 according to the United States decennial census of 1970 or any future such census, upon a vacancy occurring in the board of education of such a county, the grand jury impaneled at the time of the vacancy shall be called into session for the purpose of filling such vacancy on the board of education. If two years or less remain in the term of office wherein the vacancy occurred, the person appointed by the grand jury shall serve for the remainder of the unexpired term. If more than two years remain in the term of office wherein the vacancy occurred, the person appointed by the grand jury shall serve until the next general election at which time a successor shall be elected to serve for the unexpired term of office.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. This Act shall be continued in full force and effect through December 31, 1980, at which time it shall be of no force and effect and shall be terminated and stand repealed.

GEORGIA LAWS 1980 SESSION

4311

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

CITY OF MACON - TAXATION.
No. 1283 (House Bill No. 1889).
AN ACT
To amend an Act providing a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, so as to provide for the limitation of the general taxing power of the city for ordinary current expenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing a new charter for the City of Macon, Georgia, approved March 23, 1977 (Ga. Laws 1977, p. 3776), as amended, is hereby amended by striking Section 6-101 in its entirety and inserting in lieu thereof a new Section 6-101 to read as follows:
"Section 6-101. General taxing power. The city shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city, upon banking, insurance, and other capital employed therein; provided, that no such tax imposed for the purpose of paying ordinary current expenses of the city shall exceed 1 1/2 percent per annum upon the value of the property so taxed."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

4312 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Public Notice.
This advertisement is to provide notice of the intention of the City of Macon to have introduced, legislation to amend Division I, Article VI, Chapter 1, Section 6-101 of the Code of Macon, Georgia (1978), as amended, so as to provide that the City of Macon shall have the power and authority to levy and collect a tax upon property, real and personal within the limits of the City upon banking, insurance and other capital employed therein; provided however that no such tax imposed for the purpose of paying ordinary current expenses of the city shall exceed one and one-half percent per annum upon the value of the property so taxed.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he/she is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: February 8, 15,22, 1980.
I'sl Frank Horne Representative, 104th District

GEORGIA LAWS 1980 SESSION

4313

Sworn to and subscribed before me, this 26th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980.
No. 1284 (House Bill No. 1890).
AN ACT
To provide for public transportation for the citizens of the City of Macon and the County of Bibb; to provide for the creation of the Macon-Bibb County Transit Authority and to prescribe the duties, powers, privileges, exemptions, and immunities thereof authorizing the authority to acquire, construct, own, and operate a transit system for the geographical area known as the City of Macon and Bibb County; to provide for the issuance and sale of bonds, revenue anticipation certificates, and other evidences of indebtedness by the authority, and for the uses to be made thereof and of the proceeds thereof; to provide for the validation thereof; to provide that the properties of, and the securities issued by the authority shall be exempt from taxation, and that certain of said securities shall be legal investments; to fix the venue or jurisdiction of actions relating to any provisions of this Act, and the time within which the same may be brought; to amend an Act known as the "Macon Transit Authority Act of 1972," approved April 17, 1973 (Ga. Laws 1973, 135--2

4314 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
p. 2914), so as to provide that the authority may be a self-insurer as to workers' compensation; to provide for the establishment of pension and retirement plans; to provide for group insurance plans; to identify the geographical areas to be served by said authority; to change certain requirements for the setting of rates, fees, tolls, or charges; to provide for other matters relative to the foregoing; to provide for the separate enactment of each provision of this Act; to provide for severability; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
CHAPTER 1 Purpose of Article
Section 1.1. It is hereby found, declared, and determined that the public convenience and necessity require the creation of a public authority to operate a transit system in the City of Macon and the County of Bibb for transportation of passengers both within and without the City of Macon and the County of Bibb.
Section 1.2. Title. Chapters 1 through 5 of this Act shall be known as the "Macon-Bibb County Transit Authority Act of 1980."
CHAPTER 2 Creation and Organization of Authority
Section 2.1. There is hereby created the "Macon-Bibb County Transit Authority."
Section 2.2. Body corporate and politic. The authority is a public corporation of the State of Georgia. The authority is not an arm or agency of the City of Macon nor of Bibb County but is a body corporate and politic created by this Act and the powers granted the authority by this Act are not restricted by limitations, constitutional or otherwise, upon the powers of the City of Macon nor of Bibb County.
Section 2.3. Perpetual succession. The authority has perpetual succession.
Section 2.4. Board; appointment; terms; quorum; members; officers. (a) The governing and administrative body of the authority

GEORGIA LAWS 1980 SESSION

4315

shall be a board consisting of three members appointed by the mayor and confirmed by city council and two members appointed by the Bibb County Board of Commissioners for a total of five members. Members of the board appointed by the city shall be residents of the city for the entire term of their appointment and shall be at least 25 years of age. Members of the board appointed by the county shall be residents of the City of Macon or Bibb County for the entire term of their appointment and shall be at least 25 years of age. The city shall initially appoint one member to serve for a term of one year, one member to serve for a term of three years, and one member to serve for a term of five years; the county shall initially appoint one member to serve for a term of two years and one member to serve for a term of four years. At the expiration of the initial terms, appointments shall be for five years each. Members of the board shall be eligible for reappointment. Vacancies on the board, except by expiration of term, shall be filled by appointment for the unexpired term in which the vacancy occurs.
(b) A majority of the board shall constitute a quorum and a majority of the board may act for the authority in any manner.
(c) No member of the board or employee of the authority shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
(d) Members of the board shall serve without remuneration but shall be entitled to reimbursement for actual expenses incurred on authority business, provided that such expenses have been authorized in advance of their being incurred.
(e) The board shall select one of its members as chairman and another member as vice chairman and shall also elect a secretarytreasurer, who shall not necessarily be a member of the board. Regular meetings of the board shall be held at least quarterly, the time, place, and notice of such meetings to be fixed by the board. All motions, resolutions, and all other proceedings of the authority and all documents and records in its possession shall be public records and open to public inspection, except such documents and records as shall be kept or prepared by the board for use in negotiations, actions, or proceedings to which the authority is a party.

4316 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The chairman of the board shall be eligible to vote on all motions coming before the board. The affirmative vote of at least three members of the board shall be necessary for adoption of any resolution or the passing of any motion.
Section 2.5. Secretary-treasurer. The secretary-treasurer, elected by the board, shall hold office at the pleasure of the board. Before entering upon the duties of his office, the secretary-treasurer shall execute a bond with corporate surety, to be approved by the board. The bond shall be payable to the authority in whatever penal sum may be directed by the board, conditioned upon the faithful performance of the duties of the office and the payment of all moneys received by him according to law and the orders of the board. The board may at any time require a new bond from the secretary-treasurer in such penal sum as may then be determined. The books and records of the authority shall be audited at least annually, at the expense of the authority, by a certified public accountant, selected by the board.
Section 2.6. Funds. All funds deposited by the authority in any bank shall be placed in the name of the authority and shall be withdrawn or paid out only by check or draft on the bank, signed by the secretary-treasurer and countersigned by the chairman or vice chairman of the board. The board may designate any of its members or any officer or employee of the authority to affix the signature of the secretary-treasurer to any draft or check for payment of salaries or wages and for the payment of any other obligation of no more than $500.00.
CHAPTER 3 Powers of Authority
Section 3.1. (af The powers of the authority shall include, but shall not be limited to, those powers generally conferred upon authorities pursuant to law and shall also include those specifically granted by this Act which may be exercised only to accomplish the purpose for which the authority is created, namely to own and operate a transit system for the purpose of transporting persons within and without the City of Macon and the County of Bibb and:
(1) To receive and administer gifts, grants, and donations.

GEORGIA LAWS 1980 SESSION

4317

(2) To adopt a seal to be impressed upon its instruments and may provide for the impression of such seal by printed or lithographed facsimile thereof. Any executed instrument bearing the seal of the authority shall be prima facie evidence of its execution by the authority and that its execution was duly, regularly, and legally authorized by the authority.
(3) To acquire by grant, purchase, gift, devise, or lease, and to hold, use, sell, lease, or dispose of real and personal property of every kind and nature whatsoever, licenses, patents, rights, and interests necessary for the full exercise, or convenient or useful for the carrying on of any of its powers pursuant to this Act.
(4) To acquire, construct, complete, develop, own, operate, and maintain a transit system including power to acquire by purchase, lease, gift, or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data, or reports owned or held by any person, firm, or corporation and determined by the authority to be necessary, convenient, or useful to the authority in connection with the acquisition, construction, completion, development, operation, or maintenance of such transit system.
(5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to fix or to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Macon Transit System of the City of Macon; and to provide for or contract for group life, medical, and hospitalization insurance plans for said officers and employees and to pay the costs thereof either in whole or in part. To be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Georgia Code Section 114-602, which relates to self-insurers and the posting of security indemnity or bonds.
(6) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage,

4318 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pledge, and assign any and all of its funds, property, or income as security therefor and to provide for the payment of the same and the rights of the holders thereof.
(7) To sue and be sued in its corporate name in all courts of competent jurisdiction.
(8) To have and to exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this state or of the United States of America.
(9) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and properties and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the authority.
(10) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.
(11) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer, or employee of the board or the authority in the performance of the duties of his office or employment of any other insurable risk.
(12) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed as the board may deem necessary or expedient in facilitating the business of the authority.
(13) To have the continuing power and authority at any time and from time to time to provide by resolution for the issuance of negotiable revenue bonds pursuant to and in accordance with the Revenue Bond Law of the State of Georgia for the purpose of paying all or any part of the cost of acquisition, construction, alteration, and improvement of said transit system

GEORGIA LAWS 1980 SESSION

4319

and charges incident thereto. The authority shall likewise have the power and authority to issue refunding bonds. For the purpose of evidencing the obligation of the authority to repay any money borrowed by the authority for any of the aforesaid purposes, the authority may, pursuant to resolution adopted by the board, from time to time issue and dispose of its interest bearing revenue bonds and may also from time to time issue and dispose of its interest bearing bonds and refund any such bonds at maturity or pursuant to redemption provisions, or at any time before maturity with the consent of the holders thereof. Said authority may issue such types of revenue bonds as may be determined by the board, including bonds on which principal and interest are payable:
(A) exclusively from income or revenues of the operations of the authority financed with proceeds of such bonds, or together with any proceeds and grants from any governmental agency, subdivision, instrumentality, corporation, person, or any other source; or
(B) from income and revenues of any unpledged assets of the authority generally. Any such bonds may be secured by mortgage or deed to secure debt on any real or personal property of the authority, except as may be prohibited by law.
(b) Neither the members of the board nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. The bonds shall not be, and shall so state on the face thereof, a debt of the City of Macon, the County of Bibb, or the State of Georgia, and they shall not directly or indirectly or contingently be obligated to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof.
(c) Bonds of the authority shall be confirmed and validated in accordance with the provisions of the State Revenue Bond Law, hereinbefore referred to, and as the same may hereafter be amended, and when validated, the judgment of validation shall be final and conclusive with respect to such bonds and against the authority issuing the same.

4320 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CHAPTER 4 Fiscal
Section 4.1. All construction contracts and all contracts for the purchase of supplies, equipment, and services, when the expense thereof shall exceed $ 1,000.00, shall be awarded to the lowest and best bidder, after advertising for bids therefor, to be published twice in the legal organ of Bibb County.
Section 4.2. Rates. The authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the transportation services and facilities furnished, and in anticipation of the collection of the revenues of such undertaking of project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, and improvement of said transit system, and to pledge the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertakings, including the revenues of improvements and betterments thereafter made. The bond redemption and interest payments shall constitute a first direct and exclusive charge and lien on all such rates, fares, tolls, and charges and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the system; and all such rates, fares, tolls, and charges and other revenues together with interest thereon shall constitute a trust fund for the security and payment of such bonds and, except as to the extent provided in any indenture with respect to the payment therefrom of expenses for other purposes including administration maintenance improvements or extensions of the system, shall not be used or pledged for any other purpose so long as such bonds or any of them are outstanding and unpaid. The authority may provide that the rates, fares, tolls, and charges established are minimum rates, fares, tolls, and charges and subject to increase or decrease in accordance only with the terms of the indenture under which the revenue bonds are issued.
CHAPTER 5 Tax Exemption
Section 5.1. The authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income and otherwise, imposed by the State of Georgia or by any of its subdivisions or

GEORGIA LAWS 1980 SESSION

4321

taxing districts upon any property, real and personal, acquired or owned by the authority or under its jurisdiction, control, possession, or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the authority from the operation of said transit system or otherwise. The bonds of the authority, their transfer and the income therefrom, shall always be exempted from taxation by the state or any of its subdivisions or taxing districts.
CHAPTER 6 Macon Transit Authority Act
of 1972 Amended
Section 6.1. An Act known as the "Macon Transit Authority Act of 1972," approved April 17, 1973 (Ga. Laws 1973, p. 2914), is hereby amended by striking in its entirety paragraph (13) of Section 9 thereof, relating to powers of eminent domain, and by striking paragraph (5) of Section 9 in its entirety and inserting in lieu thereof a new paragraph (5) of Section 9 to read as follows:
1 "(5) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys; to provide for their respective compensation; and to provide for pension and retirement plans for these officers, agents, and employees including, but not limited to, the transfer to the authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the City of Macon Transit System; and to provide for or contract for group life, medical, and hospitalization plans for said officers, agents, and employees and to pay the costs thereof either in whole or in part; to be a self-insurer as to workers' compensation claims without being required to comply with the provisions of Georgia Code Section 114-602, which relates to selfinsurers and the posting of security, indemnity, or bonds."
Section 6.2. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. The authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, or charges and to revise from time to time and collect such rates, fees, tolls, or charges for the trans-

4322 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
portation services and facilities furnished, and in anticipation of the collection of the revenues of such undertaking of project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, and improvement of said transit system, and to pledge the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking, including the revenues of improvements and betterments thereafter made. The bond redemption and interest payments shall constitute a first direct and exclusive charge and lien on all such rates, fares, tolls, and charges and other revenues and interest thereon and sinking funds created therefrom received from the use and operation of the system; and all such rates, fares, tolls, and charges and other revenues together with interest thereon shall constitute a trust fund for the security and payment of such bonds and except as to the extent provided in any indenture with respect to the payment therefrom of expenses for other purposes including administration maintenance improvements or extensions of the system shall not be used or pledged for any other purpose so long as such bonds or any of them are outstanding and unpaid. The authority may provide that the rates, fares, tolls, and charges established are minimum rates, fares, tolls, and charges and subject to increase or decrease in accordance with the terms of the indenture under which the revenue bonds are issued. The authority may provide transportation services and transport passengers throughout the City of Macon and Bibb County."
CHAPTER 7 Construction
Section 7.1. This Act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes hereof; and the specific powers, authority, and immunities granted hereby are to be construed in illustration of and not in limitation of, the general powers, authorities, and immunities granted by the authority of this Act.
CHAPTER 8 Constitutional Construction and Legislative Intent
Section 8.1. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or

GEORGIA LAWS 1980 SESSION

4323

impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling.
CHAPTER 9 Effective Date
Section 9.1. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming a law without his approval except that Chapters 1 through 5 of this Act shall not become effective until the City of Macon and Bibb County adopt a joint resolution to implement the provisions of Chapters 1 through 5 of this Act.
Section 9.2. At such time as Chapters 1 through 5 of this Act become effective, an Act known as the "Macon Transit Authority Act of 1972," approved April 17, 1973 (Ga. Laws 1973, p. 2914), as amended, shall stand repealed and shall no longer have any force and effect.
CHAPTER 10 General Repealer
Section 10.1. All laws and parts of laws in conflict with this Act are hereby repealed.

Public Notice.
This advertisement is to provide notice of the intention of the City of Macon to have introduced at the 1980 session of the General Assembly of the State of Georgia, special legislation regarding the creation of a Macon-Bibb County Transit Authority with all the rights and powers thereof for the purpose of providing public transportation for the citizens of the City of Macon and County of Bibb.

4324 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Horne who, on oath, deposes and says that he/she is Representative from the 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: February 8, 15, 22, 1980.
Isl Frank Horne Representative, 104th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
FANNIN COUNTY - SALARY, ETC. OF CLERK OF SUPERIOR COURT.
No. 1285 (House Bill No. 1894).
AN ACT
To amend an Act providing an annual salary for the Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga.

GEORGIA LAWS 1980 SESSION

4325

Laws 1974, p. 2134), so as to change the provisions relating to the compensation of said officer; to change the provisions relating to personnel; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act providing an annual salary for the Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2134), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows:
"Section 2. The Clerk of the Superior Court shall receive an annual salary of $14,000.00 until January 1, 1981, at which time said annual salary shall be increased to $16,000.00. Such salary shall be paid in equal monthly installments from the funds of Fannin County."
Section 2. Said Act is further amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows:
"Section 4. The Clerk of the Superior Court shall have the sole power to designate the persons who shall be employed in his office. The Clerk of the Superior Court shall make recommendations in writing to the governing authority of Fannin County of the compensation to be received by each such employee, but the compensation of each such employee shall be fixed by said governing authority. The. recommendations of the Clerk of the Superior Court shall be made to the governing authority from time to time as said governing authority shall determine. The compensation of all personnel in the office of Clerk of the Superior Court shall be paid from county funds. All personnel employed by the Clerk of the Superior Court shall serve at his pleasure, and it shall be within the sole power of the Clerk of the Superior Court to prescribe their duties and assignments."

4326 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Clerk of the Superior Court of Fannin County, approved March 5, 1974 (Ga. Laws 1974, p. 2134); and for other purposes.
This 28th day of January, 1980.
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph J. Twiggs, Jr. who, on oath, deposes and says that he/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 31, February 7, 14, 1980.
Isl Ralph J. Twiggs, Jr. Representative, 4th District

GEORGIA LAWS 1980 SESSION

4327

Sworn to and subscribed before me, this 27th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.

STATE COURT OF MUSCOGEE COUNTY-COMPENSATION OF JUDGE, SOLICITOR, ETC.
No. 1286 (House Bill No. 1902).
AN ACT
To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4113), so as to change the compensation of the judge, solicitor, and assistant solicitors of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778) and an Act approved March 24, 1978 (Ga. Laws 1978, p. 4113), is hereby amended by striking Section 3A

4328 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in its entirety and inserting in lieu thereof a new Section 3A to read as follows:
"Section 3A. (a) The judge of the State Court of Muscogee County shall receive an annual salary of $34,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County.
(b) The solicitor of said court shall receive an annual salary of $25,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office.
(c) The assistant solicitor of said court shall receive an annual salary of $10,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County."
Section 2. Said Act is further amended by striking subsection (c) of Section 3B in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Said assistant solicitor shall be paid an annual salary of $17,600.00, to be paid in 12 equal monthly installments from the funds of Muscogee County."
Section3. This Act shall become effective on January 1, 1981.
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply For Local Legislation.
Notice is hereby given that there will be introduced at the January, 1980 session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus of Muscogee County, approved December 20, 1984 (Ga. L. 1884-85, p. 455), as amended, so as to change the salary of the judge, solicitor, assistant solicitor and part time assistant solicitor of said court;

GEORGIA LAWS 1980 SESSION

4329

to provide an effective date; to repeal conflicting laws; and for other purposes.

This the 8th day of February, 1980.

Rufe E. McCombs State Court Judge Robert G. Johnston State Court Solicitor Andrew Prather, II Assistant State Court Solicitor Barschall Andrews Part Time Assistant State Court Solicitor

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who, on oath, deposes and says that he/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Saturday Enquirer and Ledger which is the official organ of Muscogee County, on the fol-
lowing dates: February 9, 16, 23, 1980.

Is/ Thomas B. Buck, III
Representative, 95th District

4330 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
CITY OF ARAGON ^ AD VALOREM TAXATION. No. 1287 (House Bill No. 1905). AN ACT
To amend an Act creating a new charter for the City of Aragon, approved April 10, 1971 (Ga. Laws 1971, p. 3770), so as to delete the five mill limit on municipal ad valorem taxation; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Aragon, approved April 10, 1971 (Ga. Laws 1971, p. 3770), is hereby amended by striking from Section 15 the following: "not to exceed 5 mills", so that when so amended said section shall read as follows: "Section 15. The mayor and council of the City of Aragon shall have the power and authority to levy and collect an annual ad

GEORGIA LAWS 1980 SESSION

4331

valorem tax on the assessed valuation of all real and personal property within the corporate limits of the City for the purpose of raising revenues to defray the cost of operating the City Government, providing governmental services, and for any other public purposes."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill amending Section 15 of the City of Aragon Charter so as to authorize the Mayor and Council of the City of Aragon to levy and collect an annual ad valorem tax in excess of five (5) mills on the assessed evaluation of all real and personal property within the corporate limits of the City, and for other purposes.
This 17th day of January, 1980.
Lynn Gammage Representative, 17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce

4332 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 22, 29, February 5, 1980.
/s^ Lynn Gammage Representative, 17th District
Sworn to and subscribed before me, this 28th day of February, 1980.
/s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 26, 1980.
COMPENSATION OF CORONERS OF CERTAIN COUNTIES (17,510 - 17,560).
No. 1288 (House Bill No. 1908).
AN ACT
To provide an annual salary for the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of each county of this state having a population of not less than 17,510 and not more than 17,560 according to the United States decennial census of 1970 or

GEORGIA LAWS 1980 SESSION

4333

any future such census is hereby placed on a salary of $125.00 per month.
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 26, 1980.

THE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED.
No. 1289 (House Bill No. 1686).
AN ACT
To amend an Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), so as to provide

4334 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for referenda requirements pertaining to further participation by Cobb County in the Authority; to provide that the question of further participation by Cobb County in the Authority and the question of approval of a rapid transit contract between Cobb County and the Authority may be submitted to the qualified voters of Cobb County in a single referendum; to provide an effective date; to provide for appointment of residents of Cobb County to the Board of Directors of the Authority in the event of referendum approval; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act known as "The Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended by an Act approved March 4, 1966 (Ga. Laws 1966, p. 3264), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2082), an Act approved March 16, 1971 (Ga. Laws 1971, p. 2092), an Act approved March 17, 1973 (Ga. Laws 1973, p. 141), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2608), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2617), an Act approved March 21, 1974 (Ga. Laws 1974, p. 2627), an Act approved February 20, 1976 (Ga. Laws 1976, p. 217), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3092), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3098), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3104), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3407), an Act approved March 23, 1977 (Ga. Laws 1977, p. 724), an Act approved March 30, 1977 (Ga. Laws 1977, p. 1211), an Act approved April 8, 1977 (Ga. Laws 1977, p. 1312), and an Act approved April 16, 1979 (Ga. Laws 1979, p. 4634), is hereby amended by striking in its entirety Section 6(b), and inserting in lieu thereof a new Section 6(b) to read as follows:
"(b) Having initially declined membership on the Board and further participation in the Authority, Cobb County may at any time reclaim its membership on the Board and participate further in the Authority as provided in this subsection (b). The local governing body of Cobb County may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of Cobb County the question of approval of a rapid transit contract between Cobb County and the Authority, all in

GEORGIA LAWS 1980 SESSION

4335

accordance with the provisions of Section 24 of this Act. The local governing body of Cobb County shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that such rapid transit contract shall not become valid and binding unless the same is approved by a majority of those voting in said referendum, which approval shall also be deemed approval of further participation in the Authority. Upon approval of such rapid transit contract, Cobb County shall be a participant in the Authority, and its rights and responsibilities shall, insofar as possible, be the same as if it had participated in the Authority from its beginning, and the local governing body of Cobb County may then appoint two residents of Cobb County to the Board of Directors of the Authority, to serve a term ending on the 31st day of December in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the Board of Directors of the Authority shall, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of 16 members."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.
This 13 day of December, 1979.
John W. Greer Representative, 43 rd District

4336 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. L. Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News-Daily which is the official organ of Clayton County, on the following dates: December 25, 1979, January 1,8, 1980.
Is/ A. L. Burruss Representative, 21st District
Sworn to and subscribed before me, this 7th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.
This 13 day of December, 1979.
John W. Greer Representative, 43rd District

GEORGIA LAWS 1980 SESSION

4337

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 11, 18,25, 1980.

Is/ Al Burruss Representative, 21st District
Sworn to and subscribed before me, this 7th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1,1 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243),
as amended; to repeal conflicting laws; and for other purposes.

This 13th day of December, 1979.

John W. Greer Representative, 43rd District

4338 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur DeKalb News/Era which is the official organ of DeKalb County, on the following dates: December 27, 1979, January 3, 10, 1980.
Is/ Al Burruss Representative, 21st District
Sworn to and subscribed before me, this 7th day of February, 1980.
/si Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.
This 13 day of December, 1979.
John W. Greer Representative, 43rd District

GEORGIA LAWS 1980 SESSION

4339

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer Oaths, Al Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which
is the official organ of Fulton County, on the following dates: December 26, 1979, January 2, 9, 1980.

js/ Al Burruss Representative, 21st District

Sworn to and subscribed before me, this 7th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 19, 1965 (Ga. Laws 1965, p. 2243), as amended; to repeal conflicting laws; and for other purposes.

This 13 day of December, 1979.

John W. Greer Representative, 43rd District

4340 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Burruss who, on oath, deposes and says that he/she is Representative from the 21st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 2, 9, 16, 1980.
Is/ Al Burruss Representative, 21st District
Sworn to and subscribed before me, this 7th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 27, 1980.
ALBANY-DOUGHERTY INNER CITY AUTHORITY ACT AMENDED.
No. 1290 (House Bill No. 1891).
AN ACT To amend an Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), so

GEORGIA LAWS 1980 SESSION

4341

as to provide for the transfer of all contractual obligations, assets, liabilities, debts, and property of the Central Albany Development Authority to the Albany-Dougherty Inner City Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section I. An Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. Laws 1977, p. 4220), is hereby amended by adding at the end thereof a new section, to be designated Section 22, to read as follows:
"Section 22. All contractual obligations, assets, liabilities, debts, and property of the Central Albany Development Authority are hereby transferred in full to the Albany-Dougherty Inner City Authority created herein. The Albany-Dougherty Inner City Authority is hereby authorized and empowered to receive and accept all of said contractual obligations, assets, liabilities, debts, and property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill abolishing the Central Albany Development Authority and transferring all of the

4342 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
assets and property of said Authority to Albany-Dougherty Inner City Authority.
James V. Davis City Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: February 9, 16,23, 1980.
/si Charles Hatcher Representative, 131st District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved March 27, 1980.

GEORGIA LAWS 1980 SESSION

4343

FLUORIDATION OF POTABLE WATER SUPPLIES IN CERTAIN COUNTIES (100,000 - 160,000).
No. 1318 (House Bill No. 1666).
AN ACT
To empower any joint water and sewage authority located in certain counties of this state to fluoridate potable public water supplies under certain conditions; to provide the procedures connected therewith; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. (a) In all counties of this state having a population of not less than 100,000 nor more than 160,000 according to the United States decennial census of 1970 or any future such census, any joint water and sewage authority located in any such county shall be empowered to fluoridate the public water supplies as hereinafter provided.
(b) The governing authority in any such county shall, upon a petition signed by at least 10 percent of the registered and qualified electors call a special election for the purpose of submitting to the qualified electors of any such county the question of whether the potable public water supplies in such county shall be fluoridated. In the event a majority of the persons voting in such election vote in favor thereof, then the joint water and sewage authority shall fluoridate the potable public water supplies of such county and each municipality located therein.
(c) In any county which has at any time conducted an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast for or against fluoridation, the governing authority of any such county shall, upon a petition signed by at least 10 percent of the registered, qualified voters of such county, proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election. Provided, however, no such election shall be called or had within two years after the date of the declaration by the governing authority of the results of the previous election held for such purposes as hereinabove provided.

4344 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Nothing contained herein shall be construed so as to prevent any joint water and sewage authority located in such counties from qualifying for federal or state funds under the provisions of Code Section 88-2603, relating to additional powers and duties of the Department of Human Resources, as the same now exists or may hereafter be amended.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Approved March 31, 1980.
FAYETTE COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1319 (House Bill No. 1703).
AN ACT
To amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3397), so as to provide for jurisdiction over county ordinances; to provide for the power to subpoena witnesses; to alter the contempt powers; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act to create and establish a Small Claims Court in and for Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), as amended by an Act approved March 13, 1978 (Ga. Laws 1978, p. 3397), is hereby amended by adding to Section 1, immediately after the figure "$ 1,500.00", the following:
"and jurisdiction to try offenses against the laws and ordinances as enacted by the Board of Commissioners of Fayette County",

GEORGIA LAWS 1980 SESSION

4345

so that when so amended said section shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court in and for Fayette County, Georgia, to be known as the Small Claims Court of Fayette County, which court shall have civil jurisdiction in cases in law in which the demand or value of the property involved does not exceed $ 1,500.00 and jurisdiction to try offenses against the laws and ordinances as enacted by the Board of Commissioners of Fayette County; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by adding at the end of subsection (a) of Section 2 the following:
"Said judge shall be a member in good standing of the State Bar of Georgia.",
so that when so amended said subsection shall read as follows:
"(a) Any person elected as a judge of the Small Claims Court created by this Act must, at the time of his taking office, be a resident of Fayette County, at least twenty-five years of age, and of good moral character. Said judge shall be a member in good standing of the State Bar of Georgia."
Section 3. Said Act is further amended by adding at the end of Section 7 a new subsection (g) to read as follows:
"(g) The judge of said Small Claims Court shall have the power and authority to subpoena witnesses to attend a hearing before the Court, under the same rules and regulations that regulate and govern the superior courts of this state; to compel attendance; and to punish any witness who has been duly subpoenaed and fails to attend under the provisions provided for contempt."
Section 4. Said Act is further amended by adding at the end of Section 9 a new subsection (c) to read as follows:
138-2

4346 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(c) In all cases wherein the claim is based upon a violation of a law or ordinance enacted by the Board of Commissioners of Fayette County, the plaintiff, upon filing his claim, shall deposit with the Court the sum of $15.00. Said sum shall be in lieu of that amount stated in subsection (a)."
Section 5. Said Act is further amended by adding at the end of Section 10 a new subsection (d) to read as follows:
"(d) Upon conviction of the violation of any law or ordinance as enacted by the Board of Commissioners of Fayette County, the judge of the Small Claims Court shall have the authority to punish the defendant or defendants by fine, in an amount up to that specified in the appropriate law or ordinance, but in no instance shall the fine for a single offense exceed $1,000.00, or imprisonment not to exceed 90 days, or both."
Section 6. Said Act is further amended by deleting Section 24 in its entirety and substituting in lieu thereof a new Section 24 to read as follows:
"Section 24. When sitting as the Small Claims Court, the judge in his discretion shall have the power to punish for contempt by fine not exceeding $1,000.00, imprisonment not exceeding 90 days, or both. Any such fines shall be paid into the county treasury or depository for county purposes."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the Regular 1980 Session of the General Assembly of Georgia a local act amending the Act which establishes the Small Claims Court of Fayette County, Georgia, to provide jurisdiction over offenses to the various ordinances of Fayette County, to repeal conflicting laws and for other purposes.

GEORGIA LAWS 1980 SESSION

4347

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James R. Fortune, Jr., who, on oath, deposes and says that he/she is Representative from the
71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News which is the official organ of Fayette County, on the following dates: January 23, January 30 and February 6, 1980.

Isl James R. Fortune, Jr. Representative, 71st District

Sworn to and subscribed before me, this 11th day of February, 1980.

Isl Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal).

Approved March 31, 1980.

CITY OF BREMEN - RECORDER'S COURT. No. 1320 (House Bill No. 1832).
AN ACT
To amend an Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. Laws 1898, p. 136), as amended,

4348 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2948), so as to change the provisions relating to the recorder's court of said city; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Bremen, approved December 30, 1898 (Ga. Laws 1898, p. 136), as amended, particularly by an Act approved March 17, 1960 (Ga. Laws 1960, p. 2948), is hereby amended by striking from Section 3 of the aforesaid amendatory Act of 1960 the following;
"fifty ($50.00) dollars",
and inserting in lieu thereof the following:
"three hundred ($300.00) dollars",
so that when so amended Section 3 shall read as follows:
"Section 3. There is hereby established for and in said city a court to be known as recorder's court, to be presided over by the city recorder, who shall be an attorney at law, appointed by the mayor, subject to approval by the council, with jurisdiction to try all violations of the laws and ordinances of said city; said recorder shall have power and authority to punish for contempt of court not to exceed a fine of three hundred ($300.00) dollars, work in the city work crew not to exceed 60 days, or imprisonment in the city or county jail not to exceed 30 days, any part or all of said punishment may be inflicted, in the discretion of the court; he shall have full power and authority to compel attendance of parties and witnesses at said court, and for this purpose shall have full power and authority to require bail to secure such attendance, and to issue appropriate order for the forfeiture or recognizance given in pursuance of this charter; all warrants, summons, subpoenas, or other process issued, requiring appearance or attendance on said recorder's court, shall be issued by the city clerk, directed to the chief of police, any policeman or other arresting officer of said city, and bear test in the name of the recorder; said recorder's court shall be governed by the rules of the superior court of the State of Georgia, in so far as they may be applicable to such court, and a sound construction of this

GEORGIA LAWS 1980 SESSION

4349

charter and the laws of the said city. The said mayor and council may, from time to time, pass further rules and regulations regarding said court, not in conflict with this charter and the laws of the State of Georgia."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the city of Bremen approved December 30, 1898 (Ga. Laws 1898 p. 136) as amended; and for other purposes.
This, the 21st day of January, 1980.
Richard H. Wheeler Mayor, City of Bremen, Georgia
Georgia, Haralson County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been published in the Bremen Gateway legal organ for the City of Bremen. The following dates, to-wit: January 24, 1980, January 31, 1980, February 7, 1980.

4350 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to on the 14th day of February, 1980.
Isl Stanley Parkman Publisher
Sworn to and subscribed to before me, on the 14th day of February, 1980.
Is/, Frieda L. Rivers Notary Public. (Seal).
Approved March 31, 1980.
CITY OF MARIETTA - CORPORATE LIMITS. No. 1326 (Senate Bill No. 583). AN ACT
To amend an Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. Laws 1977, p. 3541), so as to change the corporate limits; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the City of Marietta, approved March 23, 1977 (Ga. Laws 1977, p. 3541), is hereby amended by designating the existing text of Section 1.4 as subsection (a) and adding new subsections (b) and (c) to read as follows:

GEORGIA LAWS 1980 SESSION

4351

"(b) The corporate limits of the city shall further include all that tract or parcel of land lying and being in Land Lot 323 of the 20th District, 2nd Section of Cobb County, Georgia and being more particularly described as follows:
Beginning at a point where the northwesterly right of way line of Polk Street intersects the Northeasterly right of way line of Burnt Hickory Road; thence north 49 degrees 29 minutes 23 seconds west along the northeasterly right of way line of Burnt Hickory Road for a distance of 303.73 feet to a point; thence north 48 degrees 20 minutes 46 seconds west along said right of way line for a distance of 434.53 feet to a point; thence continuing along said right of way line north 44 degrees 45 minutes 43 seconds west for a distance of 157.98 feet to a point; thence north 39 degrees 53 minutes 49 seconds north along said right of way line for a distance of 84.06 feet to a point; thence north 01 degrees 16 minutes 30 seconds west for a distance of 197.30 feet to a point; thence north 21 degrees 42 minutes 08 seconds west for a distance of 242.95 feet to a point; thence north 00 degrees 34 minutes 24 seconds west for a distance of 503.32 feet to a point on the centerline of Noses Creek; thence running northeasterly along said centerline for a distance of 1019.15, more or less, to a point; thence due south for a distance of 1655.01 feet to a point on the northwesterly right of way line of Polk Street; thence running northeasterly along the northwesterly right of way line of Polk Street for a distance of 130 feet, more or less, to a point on the present Marietta City Limit line; thence running southerly along the present Marietta City Limit line for a distance of 30 feet to a point on the southeasterly right of way line of Polk Street; thence running southwesterly along said right of way line for a distance of 240 feet, more or less, to a point where said right of way line intersects the northeasterly right of way line of Burnt Hickory Road; thence running northwesterly for a distance of 37.42 feet to the point of beginning.
(c) The corporate limits of the city shall further include all that tract or parcel of land lying and being in Land Lot 1095, 1096, 1063, 1064, 1067, 1098 and 1099 of the 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
Beginning at a point where the centerline of Wallace Road intersects the northerly right of way line of Marietta Parkway (120

4352 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Loop); thence running southerly along said centerline and the present Marietta city limit line 260 feet, more or less, to a point on the southerly right of way line of Marietta Parkway (120 Loop); thence running northeasterly, easterly & southeasterly along the southerly right of way line of Marietta Parkway (120 Loop) and following the curvature thereof for a distance of 5,490 feet, more or less, to a point where the present Marietta city limit line intersects said right of way line; thence running easterly along the present Marietta city limit line for a distance of 360 feet, more or less, to a point on the northeasterly right of way line of Marietta Parkway (120 Loop); thence running northwesterly, westerly & southwesterly along said right of way line for a distance of 5,905 feet, more or less, to the point of beginning."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced in the regular 1980 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city approved March 23, 1977, (Ga. L. 1977, p. 35-41) and for other purposes.
This 4 day of Jan., 1980.
Roy E. Barnes Haskew Brantley Joe L. Thompson Senators A. L. Burruss Bill Cooper Carl Harrison Eugene Housley

GEORGIA LAWS 1980 SESSION

4353

Johnny Isakson Max Kaley Ken Nix Joe Mack Wilson Representatives

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy E. Barnes who, on oath, deposes and says that he/she is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 4, 11, 18, 1980.

Isl Roy E. Barnes Senator, 33rd District

Sworn to and subscribed before me, this 5th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

4354 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF HELENA - CHARTER AMENDED.
No. 1328 (Senate Bill No. 597).
AN ACT
To amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol.II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 769), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3644), so as to vest fee simple title of certain city streets and alleys in the City of Helena; so as to authorize and empower the city to abandon and close by ordinance the same portions of said city streets and alleys; to authorize and empower the city to execute and deliver its deed conveying the title to such abandoned and closed streets and alleys to corporations, boards and individuals owning adjacent lands; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol.II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 769), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3644), is hereby amended by adding immediately following section 6B two new sections to be known as section 6C and section 6D and to read as follows:
"Section 6C. There is hereby vested in the City of Helena fee simple title to that certain tract of land in said city, said tract of land being all that part of Twelfth Street commencing at its point of intersection with the Southeast right-of-way of Fourteenth Avenue which extends Northwestwardly therefrom to its point of intersection with the Southeast right-of-way of Sixteenth Avenue; also, all that portion of Thirteenth Street extending from its point of intersection with the Westerly right-of-way of Longbridge Road Northwestwardly to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fourteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right of way of Twelfth Street to its point of intersection with the Northeast Land Lot Line

GEORGIA LAWS 1980 SESSION

4355

of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Fourteenth Street extending Northwestwardly from its point of intersection with the Southeast right-ofway of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Sixteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, the entire alleys in each of blocks 53, 54, 55, 56, 85, 86, 87 and 88 in said city.
Section 6D. (a) The mayor and councilmen of the City of Helena, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish that portion or section of the streets and alleys described in section 6C of this Act.
(b) The City of Helena is hereby authorized and empowered to execute and deliver its deed conveying the title of the above portion of city streets and alleys to corporations, boards and individuals owning adjacent lands."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a bill entitled as follows:
An act vesting in the City of Helena fee simple title to a certain tract of land in said city, said tract of land being all that part of Twelfth Street commencing at its point of intersection with the

4356 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Southeast right-of-way of Fourteenth Avenue which extends Northwestwardly therefrom to its point of intersection with the Southeast right-of-way of Sixteenth Avenue; also, all that portion of Thirteenth Street extending from its point of intersection with the Westerly right-of-way of Longbridge Road Northwestwardly to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fourteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to its point of intersection with the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Fourteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, that part of Fifteenth Street extending Northwestwardly from its point of intersection with the Southeast right-of-way of Fourteenth Avenue to the Southeast right-of-way of Sixteenth Avenue; also, all that part of Fifteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, all that part of Sixteenth Avenue extending Northeastwardly from its point of intersection with the Northeast right-of-way of Twelfth Street to the Northeast Land Lot Line of Land Lot No. 186 in the 10th Land District of Telfair County, Georgia; also, the entire alleys in each of blocks 53, 54, 55, 56, 85, 86, 87, and 88 in said city; empowering said city to convey at any time or times the fee simple title to any part, parts or all of said tract of land to adjacent landowners; and for other purposes.
This the 29th day of January, 1980.
Ronnie Walker Senator Preston N. Rawlins, Jr.

GEORGIA LAWS 1980 SESSION

4357

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronnie Walker who, on oath, deposes and says that he/she is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Lumber City Log which is the official organ of Telfair County, on the following dates: January 23, 30, February 6, 1980.

Is/ Ronnie Walker Senator, 19th District

Sworn to and subscribed before me, this 12th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

MUNICIPAL ANNEXATION OF UNINCORPORATED AREAS IN CERTAIN COUNTIES (200,000 - 500,000) (350,000 - 500,000).
No. 1329 (Senate Bill No. 604).
AN ACT
To amend an Act prohibiting, without county approval, the annexation of any unincorporated area by any municipality in any county which provides certain services, approved April 14, 1971

4358 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(Ga. Laws 1971, p. 4112), so as to change certain population figures; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act prohibiting, without county approval, the annexation of any unincorporated area by any municipality in any county which provides certain services, approved April 14, 1971 (Ga. Laws 1971, p. 4112), is hereby amended by striking from Section 2 thereof the following:
"200,000",
and inserting in lieu thereof the following:
"350,000",
so that when so amended said section shall read as follows: "Section 2. The provisions of this Act shall apply only to those
counties of this state having a population of not less than 350,000 and not more than 500,000, according to the United States decennial census of 1970 or any future such census."
Section 2. All laws, and parts of laws in conflict with this Act are hereby repealed.
Approved April 1, 1980.
CHARLTON COUNTY - VACANCIES ON BOARD OF COMMISSIONERS.
No. 1345 (House Bill No. 1632).
AN ACT To amend an Act creating a Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p.

GEORGIA LAWS 1980 SESSION

4359

529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), so as to provide for the method of filling vacancies on said Board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), is hereby amended by striking from Section 5 of said Act the following:
"for the remainder of such unexpired term for which such appointment is made, and such appointment shall be from the road district from which such vacancy occurs.",
and inserting in lieu thereof the following;
"until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose.",
so that when so amended Section 5 shall read as follows:
"Sec. 5. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from the county or district, or otherwise, occur on said Board of Commissioners, the same shall be filled by appointment of the Judge of the Superior Court of said County of Charlton until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

4360 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Legal Notice.
Notice is hereby given that the Board of Commissioners of Charlton County, Georgia will seek the passage of local legislation by the General Assembly of Georgia which convenes January 1980, to amend an Act creating the Board of Commissioners for Charlton County, approved August 4, 1927 (Ga. Laws 1927, p. 529), as amended, particularly by an Act approved March 25, 1974 (Ga. Laws 1974, p. 3505), so as to provide for the method of filling vacancies on said Board so that should a vacancy, from death, resignation, removal from the county or district, or otherwise, occur on said Board of Commissioners the same shall be filled by appointment of the Judge of the Superior Court of said County of Georgia until a new member is elected to fill the vacancy at the next primary election, general election, or special election held for that purpose; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By order of the Board of Commissioners, this January 2, 1980.
Robert W. Harrison, Jr. County Attorney
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he/she is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following dates: January 9, 16, 23, 1980.
/s/ Harry D. Dixon Representative, 151st District

GEORGIA LAWS 1980 SESSION

4361

Sworn to and subscribed before me, this 5th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large.
My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

CITY OF TRENTON -- MUNICIPAL COURT, ETC.
No. 1347 (House Bill No. 1714).
AN ACT
To amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a Municipal Judge, to provide the powers and duties of the Municipal Judge; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) is hereby amended by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows:,
"Section 13. Be it further enacted, that the duties of the officers herein created and established shall be as follows: It shall be the duty of the Mayor to preside over the meetings of the Mayor and Councilmen; to make all appointments subject to ratification or rejection by the Councilmen of all officers not elected by the people

4362 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
except Mayor pro tern., City Marshal, City Physician, City Attorney and Municipal Judge, which said officers shall be elected by the Mayor and Councilmen; to employ all laborers, tradesmen, clerks and other persons necessary for carrying out the provisions of this charter and discharge them when their services are no longer required or for any other cause if it becomes expedient to do so, but the wages and salaries of such persons to be fixed and classified by the Mayor and Councilmen; to superintend all public city work or when necessary employ a person or persons of experience and competence to do so, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter.
It shall be the duties of the Councilmen to attend all meetings of the Mayor and Council, whether regular or called; to hear all appeals in conjunction with the Mayor of persons who have been convicted of the violation of ordinances in the Municipal Court, and acquit such persons of said offenses or affirm the Municipal Judge as the law and facts of such cases may warrant without fear or favor; to hear all appeals in conjunction with the Mayor brought by taxpayers of the City of Trenton who are dissatisfied with the tax assessments of the Recorder, and raise, lower or affirm such assessments as justice and fairness between the parties may warrant without fear or favor, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter.
It shall be the duties of the City Recorder to keep all records of the city's affairs in books to be provided for by order of the Mayor and Councilmen; to attend all the meetings whether regular or called of the Mayor and Councilmen, keep the minutes of said meetings and act as secretary at same; he shall be the Treasurer of the city and shall give good and solvent bond in sum to be fixed by the Mayor and Councilmen which shall not be less than $1,000, payable to the Mayor and his successors in office to be approved by the Mayor and Council for the faithful performance of his duties as Treasurer; he shall be the custodian of the funds of said city and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the Mayor and Council; he shall discharge all duties required of him by the laws, ordinances and rules regulating the government of said city; he shall be the receiver of tax returns for said city as hereinafter provided; he shall

GEORGIA LAWS 1980 SESSION

4363

be the collector of all city taxes as hereinafter provided; and he shall do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter.
No person shall be eligible for the office of City Marshal hereinbefore provided unless he shall have been a bona fide resident of the County of Dade for not less than one year next preceding his appointment as such and unless he be a bona fide resident of the City of Trenton at the time of said appointment and during his term of office, and unless he make a good and solvent bond in the sum of $1,000 payable to the Mayor and his successors in office and approved by the Mayor and Council. Before entering upon his duties he must make and subscribe the following oath:
`I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Marshal for the City of Trenton during my continuance in office according to the best of my ability and understanding, so help me God.'
Should the growth of the city at any time make it necessary additional policemen may be appointed by the Mayor or if at any time an emergency should arise making it necessary to appoint special policemen the Mayor shall appoint them for such emergency and discharge them when the emergency requiring their service is past. Any and all additional police appointed by the Mayor must be bona fide residents of Dade County and must make and subscribe the same oath as that of the Marshal. It shall be the duty of the Marshal to receive, execute and return all writs, processes, warrants or other instruments emanating from the Municipal Court, the Municipal Judge, or from the Mayor and Council directed to him; he shall receive, execute and return all tax executions or other executions bearing teste in the name of the Mayor and Recorder of said city; he shall make arrests and bring before the Municipal Judge persons charged with the violation of ordinances, rules and regulations of said city; he shall keep the peace within the limits of said city and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. The Mayor and Councilmen shall elect at the first regular meeting and biennially thereafter a Mayor pro tern., who shall be one of the Councilmen and whose duty it shall be to act in all cases in the absence or disqualification of the Mayor, during which time he shall be clothed with all the necessary powers of the Mayor and is hereby required to perform all the duties required of the Mayor.

4364 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
At the same meeting of Mayor and Councilmen they shall in like manner elect a City Physician who shall be a regular licensed practicing physician residing in Dade County, and whose duties shall be to attend the prisoners of the city when called upon to do so; to be Chairman of the City Board of Health should the Mayor and Council of said city find it expedient to organize such a board, power being hereby conferred upon them to do so when in their discretion they deem it necessary; to attend the indigent of said city when called upon to do so by the Mayor and Council and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter.
At the said meeting of Mayor and Council they shall in like manner elect a City Attorney who shall be a regular practicing member of the bar in the Lookout Mountain Judicial Circuit, and whose duties it shall be to attend the sessions of the Mayor and Council; the sessions of the Municipal Court; to provide legal advice for any and all the city officials and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter.
The Marshal, Mayor pro tern., City Physician, City Attorney and Municipal Judge who are appointed by the Mayor and Councilmen, shall be appointed at the first regular meeting of the Mayor and Council and shall hold their offices for two years, their term expiring at the same time as the terms of the elective officers. The terms of office of all persons appointed by the Mayor not herein mentioned shall expire as the terms of the elective officers. All persons elected by the Mayor and Councilmen or appointed by the Mayor are subject to removal by the appointing authorities at any time upon good cause shown. Unless sooner removed all persons thus appointed shall hold their offices during their terms and until their successors are elected, appointed and qualified. The Mayor and Council shall have authority to prescribe by ordinance from time to time other duties of the various officers of the city as are herein provided for.
At the said meeting of Mayor and Council they shall in like manner elect a Municipal Judge who shall hold Municipal Court for the trial of all persons charged with the violation of ordinances, rules and regulations of said City and all violations which are authorized by law to be tried in a Municipal Court and upon con-

GEORGIA LAWS 1980 SESSION

4365

viction to punish said offenders as hereinafter provided. Said Municipal Judge shall issue all processes and shall discharge all duties required of him by the laws, ordinances and rules regulating the government of the City of Trenton and the laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 14 thereof in its entirety and substituting in lieu thereof a new Section 14 to read as follows:
"Section 14. Be it further enacted by the authority aforesaid, that there be in the City of Trenton and there is hereby created a Municipal Court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city and any other violations which are authorized to be tried in Municipal Courts under the laws of the State of Georgia. Said Municipal Court shall be presided over by the Municipal Judge. He shall have jurisdiction over all persons arrested and brought before him for trial for violation <5f the ordinances, rules and regulations of said city and any other violations authorized by the laws of the State of Georgia to be tried in Municipal Courts and after hearing the evidence in such cases, he shall acquit such defendants or convict them as the law and justice of each case may direct. Upon conviction he shall punish said offenders by a fine not to exceed $200 or by labor on the streets or any public works of said city under the control and direction of the proper officers thereof not to exceed sixty days or be confined in the common jail not to exceed sixty days, or both.
Any person who may be thus convicted before the Municipal Judge shall have the right to appeal his case to the Mayor and Council and shall be released from custody at once provided he can give bond with good security in such amount as is required by the Municipal Judge, but not to exceed $500, pending said appeal. If he be unable to give such bond he shall be committed to the common jail of Dade County pending such appeal which he shall be entitled to have heard at the next regular meeting of the Mayor and Council, provided said regular meeting is to be held within seven days from the date of the appeal; otherwise defendant shall be entitled to have his appeal heard within seven days at a meeting of said Mayor and Council called especially for said purpose. The Mayor and Councilmen may call a meeting for the purpose of hearing appeals at any time, at which meeting it shall be the duty of the Mayor and all

4366 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Councilmen to be present, but the Mayor and two Councilmen or the Mayor pro tem. and two Councilmen shall constitute a quorum and have full and complete jurisdiction over said matters.
If the defendant be dissatisfied with the findings of the Mayor and Councilmen upon said appeal, he may certiorari his said case to the Superior Court of Dade County provided he give bond with good and solvent security for his appearance before the Municipal Judge should his certiorari be dismissed. By giving notice of such certiorari and by paying said fine and all costs or by giving bond to secure the same or by making oath that owing to his poverty he is unable to pay said fine and costs or make bond for the same, he may suspend the judgment and be released from custody at once upon giving bond to appear before the Municipal Judge in the event his certiorari is dismissed as aforesaid; provided all certioraris from the Mayor and Councilmen must be sued out, sanctioned and filed within thirty days from the judgment, and no certiorari shall issue until the fine and all costs have been paid or affidavit made by the defendant showing his inability to pay said fine and cost or give bond to secure same. All appeals tried by the Mayor and Council shall be tried de novo. The Municipal Judge and Mayor and Council as courts shall have power to punish contempt by a fine not exceeding $50.00 or by confinement in the common jail of Dade County not exceeding five days. The Municipal Judge and Mayor and Council may call and hold their respective courts at any time deemed by them proper and necessary to clear the jail and the dockets of said courts, provided that defendants shall have the right to have their appeals heard by the Mayor and Council within seven days from the date of conviction in Municipal Court. If the Municipal Judge be absent or for any reason disqualified the Mayor shall have the power to hold said police court, or should the Mayor be absent or for any reason disqualified the Mayor pro tem. shall have the power to hold said court as aforesaid. The person holding said court shall have the authority to bind over to the grand jury any persons charged with the violation of a State law in which case he will sit as justice of the peace and for this purpose be invested with like power."
Section 3. Said Act is further amended by striking Section 42 thereof in its entirety and substituting in lieu thereof a new Section 42 to read as follows:

GEORGIA LAWS 1980 SESSION

4367

"Section 42. Be it further enacted that the Mayor, upon complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or intent of, illegally selling or otherwise illegally disposing of the same, in a certain described place in said city, shall thereupon issue a search warrant, directed to the City Marshal, commanding him to enter the suspected place, search for and seize the same, should any be found thereon, the officer making said search shall seize such goods and shall hold the same in custody and make a return of his actings and doings to the Municipal Judge upon said warrant. The Marshal shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in custody or control of the same, then upon the person or persons who seem to have control of the premises where the same is found, to appear and defend against said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the keeping, storing or selling of such alcoholic liquors, and if such questions be determined affirmatively, then the goods seized as aforesaid shall be destroyed by the city authorities, after the lapse of thirty days from the date of the judgment on the warrant unless steps have been taken to have the finding reviewed by a higher court. The City Marshal shall also arrest the person, or persons appearing to have said liquors under their control or appearing to have the premises on which the same are found under their control, and bring them before the Municipal Judge for trial; the Mayor and Council shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question."
Section 4. Said Act is further amended by striking Section 47 thereof in its entirety and substituting in lieu thereof a new Section 47 to read as follows:
"Section 47. Be it further enacted, that all warrants, summons and precepts issued by the Municipal Judge of the City of Trenton bearing testate in the name of said Mayor and Municipal Judge, shall be directed to the Marshal, Deputy Marshal or police of said City, and the said Municipal Judge shall have the right to issue subpoenas, to compel the attendant of parties or witnesses to the Municipal Court and to the meetings of said Mayor and Council-

4368 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
men. The said Municipal Judge shall have full power and authority to take and receive from all parties and witnesses such bond as he may deem necessary to secure the attendance of said witnesses and parties, and the Mayor and Councilmen shall pass all ordinances to carry his behest into effect, to forfeit and collect said bonds in the same manner that such bonds are forfeited in the Superior Courts of this State."
Section 5. Said Act is further amended by striking Section 49 thereof in its entirety and substituting in lieu thereof a new Section 49 to read as follows:
"Section 49. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended or arrested, whenever found in the State, and the warrants of the Municipal Judge, or acting Municipal Judge of said city, shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punishment therefor not exceeding penalties herein provided. The said Mayor and Council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of all persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof."
Section 6. Said Act is further amended by striking Section 51 thereof in its entirety and substituting in lieu thereof a new Section 51 to read as follows:
"Section 51. Be it further enacted, that all fines, costs and funds assessed or collected under the provisions of this Act shall be paid to the Recorder and become a part of the city funds, this to include Marshal's cost, Municipal Judge and/or Municipal Court cost, and all other costs arising in any manner from the operation of the Municipal Court and the acts and duties of the Municipal Judge."

GEORGIA LAWS 1980 SESSION

4369

Section 7. Said Act is further amended by striking Section 52 thereof in its entirety and substituting in lieu thereof a new Section 52 to read as follows:
"Section 52. Be it further enacted that the Mayor and Councilmen of the City of Trenton are hereby authorized to establish a fee bill or Court costs bill in connection with the operation of the Municipal Court including costs or fees for arrest, for taking bonds, for trial, for subpoenas, for appeals, for costs of confinement and the like. Any such schedule of costs and/or fees shall be established as the official fee bill or cost bill in the Municipal Court of Trenton."
Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Section 9. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a municipal judge, to provide the powers and duties of the municipal judge, and for other purposes.
This 7th day of January, 1980.
Ronald R. Womack, City Attorney for City of Trenton

4370 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Walker County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ronald R. Womack, who, on oath, deposes and says that he is the City Attorney for City of Trenton, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dade County Sentinel which is the official organ of Dade County on the following dates: Janaury 17, 24 and 31,1980.
Is/ Ronald R. Womack Attorney for City of Trenton
Sworn to and subscribed before me this 6th day of February, 1980.
Isl Mary G. Bishop Notary Public, Walker County, Georgia My Commission Expires June 25, 1983.
(Seal).
To Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia a Bill to amend an Act creating a new charter for the City of Trenton approved February 17, 1949, (Ga. L. 1949, p. 825) so as to eliminate certain duties of the City Recorder, to change the name of the Recorder's Court, to provide for the appointment of a municipal judge, to provide the powers and duties of the municipal judge, and for other purposes.
This 7th day of January, 1980.
Ronald R. Womack, City Attorney for City of Trenton

GEORGIA LAWS 1980 SESSION

4371

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following dates: January 16, 23, 30, 1980.

Is! Wayne Snow, Jr. Representative, 1st District

Sworn to and subscribed before me, this 11th day-of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

DOUGLAS COUNTY - BOARD OF COMMISSIONERS.
No. 1349 (House Bill No. 1741).
AN ACT
To amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p.

4372 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2703), as amended, particularly by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3100), an Act approved February 20, 1975 (Ga. Laws 1975, p. 2516), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3028), so as to change the meeting dates'of said board; to change the method of filling vacancies; to change the compensation and expenses of the chairman and other members of the board; to change the duties of the clerk of the board; to change the duties of counsel to the board; to clarify the provisions relating to medical services for certain persons at the expense of the county; to change the provisions relating to the expenditure of funds by the board; to change the purchasing procedures of the county; to clarify the jurisdiction and control of the board; to change the method of reporting receipts and disbursements; to provide for penalties; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended, particularly by an Act approved February 16, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. Laws 1955, p. 3100), an Act approved February 20, 1975 (Ga. Laws 1975, p. 2516), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3028), is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. Said board shall meet on the first and third Tuesdays in each month at the courthouse. The chairman shall be the financial officer of said board and shall receive all funds payable to said board or for the benefit thereof and, before entering upon his duties, shall give bond in the sum of $10,000.00, payable to the judge of the probate court of said County of Douglas for the use and benefit of the county, conditioned upon the faithful performance of his duties and a just and true accounting for all funds received. Surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium for said bond shall be paid by Douglas County. No other member of said board shall receive or be custodian for any funds belonging to the County of Douglas unless expressly authorized by proper action of said

GEORGIA LAWS 1980 SESSION

4373

board of commissioners, in which event the amount of bond shall be fixed at the time said member or members authorized to receive funds become custodian thereof."
Section 2. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:
"Section 6. Should a vacancy occur upon said board by resignation, removal, death, or otherwise, except by recall as provided by state law, such vacancy shall be filled by remaining members of said board for the unexpired term. However, no person shall be selected who would not be qualified to serve as a juror in a cause in which said board is a party."
Section 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. The compensation of the chairman of the board shall be $27,500.00 per annum, to be paid in equal monthly installments from the general funds of Douglas County. He shall be paid for his expenses incurred on official business for the county not to exceed $300.00 per month. The other two members of the board shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments, and they shall be paid for expenses incurred on official business for the county not to exceed $300.00 per month. The expenses of all board members shall be subject to the approval of the entire board."
Section 4. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The board shall employ a clerk and fix the compensation therefor, to be paid out of the general funds of Douglas County; and it shall be the duty of the clerk to attend all meetings of the board and to keep a correct record of the same and to perform such other duties as may be prescribed in this Act or as may from time to time be prescribed by the board."

4374 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"Section 9. The board shall be empowered to employ counsel, and to fix compensation therefor, for the purpose of advising said board and for representing the County of Douglas in all litigation to which the said county may be a party, plaintiff or defendant, and for representing other elected officials at the direction of the board of commissioners."
Section 6. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows:
"Section 10. The board shall be empowered to secure medical services for inmates of the jail of said county or for such other persons entitled to have medical aid furnished at the expense of the county and to fix compensation therefor."
Section 7. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
"Section 11. No member of any firm of which a commissioner is a member or of any corporation in which he is a stockholder or by which he may be employed shall buy from, or sell to, said board or to Douglas County any article of merchandise or supplies, except upon a competitive bid after due advertising as herein provided."
Section 8. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The commissioners shall not expend any money for any purpose without express law or authority for the same."
Section 9. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13 to read as follows:

GEORGIA LAWS 1980 SESSION

4375

"Section 13. The board of commissioners shall not pay out any money for any purpose except when an itemized request for purchase is submitted within the approved or amended budget by the elected official or department head for the respective office or department. All checks for the payment of funds shall be signed by the chairman of said board and countersigned by the clerk thereof. All accounts for the previous 12 months which have been paid shall be filed alphabetically and so indexed that any citizen or other person at interest may readily find the account."
Section 10. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows:
"Section 14. The board shall be the purchasing agent for all supplies or fixtures of every kind that are purchased and paid for with county funds. All purchases in excess of $1,500.00 shall be made only after competitive bids have been received after at least five days' notice given to the general public and to dealers in the article to be purchased located in the territory from which Douglas County could be reasonable supplied. Posting of notice upon the bulletin board at the courthouse or advertisement in the newspaper authorized to advertise legal advertisements shall be deemed sufficient notice to general public, and the mailing of notice to two or more dealers in the article to be purchased shall be deemed and held sufficient notice to dealers. All such notices shall specify the article to be purchased, the amount desired, the date of delivery, and the time and place bids will be received and awards made; provided, however, that, in event of an emergency and when a request has been made in writing by the elected official, the chairman, by and with consent of any one member, may make purchases."
Section 11. Said Act is further amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. The board shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county according to law; in levying taxes according to law; in supervising tax commissioner's books and allowing insolvent lists of said county and they shall have the right to inspect or have inspected any office and the records of any

4376 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
county officer at any time; having authority to employ a competent person or firm to do said work and to fix reasonable compensation therefor; in settling all claims against the county, examining and auditing all claims and accounts of officers having -care, management, keeping, collecting, or disbursement of any money belonging to the county or appropriated for its use or benefit and bringing them to settlement; in making rules and regulations for the support of the poor of said county and for the promotion of health; in electing and appointing all officers of said county where election or appointment is not otherwise provided by law, such as superintendents, caretakers of the courthouse and other public buildings and grounds, county physicians and health officer, and other employees as needed and authorized by law; in regulating peddling, and to have and exercise all the powers heretofore vested in the judge of the probate court of said county when sitting for county purposes; and to exercise such other powers as are granted by law or are indispensable to the jurisdiction of said board over all county matters and finances."
Section 12. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. At the last regular meeting of the board each month the clerk shall submit, in writing, a report of all receipts and disbursements by the various officers or departments of said Douglas County during the preceding month. Said clerk is authorized and directed to secure such information from all officers or department heads; and the failure of any such officer or department head to furnish such information upon demand shall be deemed and held to constitute a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, the offender or offenders shall be punished accordingly."
Section 13. Said Act is further amended by striking Section 18 in its entirety and inserting in lieu thereof a new Section 18 to read as follows:
"Section 18. The enumeration of powers and duties herein shall not be considered as restrictive; and the board, created by this Act, shall have and exercise all the powers and functions provided by law for the judge of the probate court, when sitting for county pur-

GEORGIA LAWS 1980 SESSION

4377

poses, and shall be subject to all restrictions and limitations imposed by law. The board shall have the right to establish such rules and procedure, not inconsistent with the provisions of this Act or of the general laws of Georgia, as it may deem proper; and, where under terms of this Act rights are conferred or powers granted but the manner of exercising them is not fully defined, the board may prescribe additional regulations and mode of procedure, not repugnant to the interest and purposes of this Act or the laws of this state."
Section 14. Said Act is further amended by adding a new section immediately following Section 18, to be designated Section 18A, to read as follows:
"Section 18A. A violation of any provision set forth above shall constitute a misdemeanor and, upon conviction, the offender shall be punished accordingly."
Section 15. This Act shall become law on January 1, 1981.
Section 16. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. Laws 1952, p. 2703), as amended; and for other purposes.
This 4th day of January, 1980.
Thomas M. Kilgore Representative, 65th District
137--2

4378 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas M. Kilgore who, on oath, deposes and says that he/she is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 10, 17, 24, 1980.
\\JsJ Thomas M. Kilgore Representative, 65th District
Sworn to and subscribed before me, this 4th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
COLUMBUS, GEORGIA - PROPERTY TAXES.
No. 1352 (House Bill No. 1795).
AN ACT
To amend an Act providing a Charter for the countywide government of Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended, to provide that the Charter of Columbus, Georgia shall reflect that assessment and collection of property taxes shall be as provided by State law; repealing conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
An Act providing a Charter for the countywide government of

GEORGIA LAWS 1980 SESSION

4379

Columbus, Georgia approved October 5, 1971 (Ga. L. 1971, Extra. Sess. September - October 1971, p. 2007), as amended is hereby amended as follows:
Section 1. That Section 7-300, subsection (1) of the Charter of Columbus, Georgia be and the same is hereby deleted in its entirety and in lieu thereof a new subsection (1) substituted to read as follows:
. "(1) The assessment and collection of property taxes by the Consolidated Government shall be as provided by state law."
Section 2. That all laws and parts of laws in conflict herewith are hereby repealed.
Section 3. That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the President and General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill.

Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of language concerning the method of assessing and collecting property taxes since the State law provides for the method of assessing and collection of property taxes.
Lennie F. Davis City Attorney Columbus, Georgia
Notice of Intention to Apply for Local Legislation.
Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1980, for the passage of a Bill to provide for the removal of lan-

4380 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
guage concerning the method of assessing and collecting property taxes since the State law provides for the method of assessing and collection of property taxes.
Lennie F. Davis City Attorney Columbus, Georgia
Georgia, Muscogee County.
Personally appeared before me, a notary public in and for said State and County, Glenn Vaughn, Jr., who on oath certifies and says that he is the President and General Manager of "The Columbus Ledger", the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, towit: January 26, February 2, February 9, 1980.
Glenn Vaughn, Jr.
Sworn to and subscribed before me, this the 11th day of February, 1980.
/s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. (Seal).
Approved April 1, 1980.
STATE COURT OF CHATHAM COUNTY - PRE-TRIAL DIVISION, ETC.
No. 1353 (House Bill No. 1807).
AN ACT To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. Laws 1819, p. 16), as amended, so as to provide for a pre-trial diversion program as a policy of the State Court of Chatham County; to provide for procedures, require-

GEORGIA LAWS 1980 SESSION

4381

merits, and other matters relative thereto; to provide for the repeal of this Act on a certain date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. Laws 1819, p. 16), as amended, is hereby amended by adding following Section 17B a new Section 17C to read as follows:
"Section 17C. Pre-trial diversion, (a) As used in this Section, `pre-trial diversion' means procedures for postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is to be charged until adjudication. The purpose of pre-trial diversion is to offer the offender an alternative method of rehabilitation, other than incarceration or probation which will bring about the offender's future compliance with the law.
(b) It shall be the policy of the State Court of Chatham County to use pre-trial diversion procedures in all first offender misdemeanor cases, except as otherwise provided in subsection (i) of this Section.
(c) For any offender subject to this Section, it shall be the duty of the Solicitor of the State Court to conduct a pre-trial diversion conference at which the Solicitor and the offender and defense counsel, if the offender is represented by counsel, may meet to discuss the case prior to the time a charge is made. At the diversion conference, the Solicitor shall afford either the offender or his counsel the opportunity to advance arguments and present facts bearing on the issues and shall inform the offender or his counsel of his views and the reasons therefor in a manner that will give the offender or his counsel the opportunity to respond thereto. The parties may discuss and agree upon a disposition of the case which may include dismissal or suspension of the prosecution. The parties may agree that a particular disposition shall be conditioned upon the offender's participating in a supervised rehabilitation program. The Solicitor shall, at any time, consult with a Judge of the State Court in determining an appropriate disposition of a case.
(d) In all cases where an individual is found eligible for diversion, a written report shall be made and retained on file in the Solicitor's office, regardless of whether the individual is finally

4382 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
rejected or accepted for a pre-trial diversionary program. A copy of this report shall be provided to the offender and the offender's counsel. In addition, copies may be provided to those agencies which may be involved in developing treatment programs with the offender. All parties concerned shall take due care to ensure the privacy of the pre-trial diversionary reports.
(e) The process of pre-trial diversion and the pre-trial diversion conference cannot be used to `coerce' a guilty plea from an offender, even though there is reasonable assumption of the offender's guilt. The offender, or an accused, shall not be required to enter any formal plea to a charge made against him as a condition for participation in a pre-trial diversion program. Participation in a pre-trial diversion program shall not be used in subsequent proceedings relative to a charge as evidence of an admission of guilt.
(f) In any case in which an offender agrees to a specific pretrial diversion program, a specific agreement shall be made between the Solicitor and the offender. The Solicitor shall consult with a Judge of the State Court in determining the requirements of any such agreement. This agreement shall include the terms of the pretrial di' 'sion program, the length of the program, and a section therein siating the period of time after which the Solicitor will move either to dismiss the charge or to seek a conviction based upon that charge. This agreement must be signed by the offender and his counsel, if represented by counsel, and filed in the Solicitor's office. No pre-trial diversion or diversionary program will take place without the written consent of the offender.
(g) Prior to formal entry into a pre-trial diversion program, the Solicitor may require the offender to inform him concerning the offender's past criminal record, if any, his education and work record, his family history, and medical or psychiatric treatment or care he has received, any psychological test he has taken, and other information bearing on the Solicitor's decision as to an appropriate disposition of the case.
(h) If the case should go to trial, any statements made by an offender, or his counsel, in connection with any pre-charge discussions concerning pre-trial diversion shall not be admissible in evidence.
(i) An individual should not be considered for a pre-trial diversion program in those circumstances in which the individual has

GEORGIA LAWS 1980 SESSION

4383

been known to be unresponsive to previous diversionary programs. A pre-trial diversion program should not be considered for those individuals which may be considered as `dangerous offenders.' The term `dangerous offender' as used herein shall mean a person who has committed an offense, whose history, character, and condition reveal a substantial risk that he will be a danger to others, and whose conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences.
(j) The Solicitor of the State Court of Chatham County shall maintain a current and complete listing of various resource dispositions available for the purposes of the pre-trial diversion program. This listing shall be compiled and evaluated in conjunction with law enforcement agencies, correctional agencies, courts, and defense counsel. This listing shall be subject to periodic review and evaluation."
Section 2. This Act shall stand repealed in its entirety on July 1, 1982.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Chatham County approved Dec. 18, 1819 (Ga. L. 1819, p. 16) as amended and for other purposes.

This 18 day of January, 1980.

Al Scott Representative, 123rd District

Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Al Scott who, on oath, deposes and says that he/she is Representative from the 123rd District, and that

4384 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Gazette and Journal Record which is the official organ of Chatham County, on the following dates: January 21,28, 1980, February 4, 1980.
Is/ Al Scott Representative, 123rd District
Sworn to and subscribed before me, this 8th day of February, 1980.
Isi Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
COFFEE COUNTY - SMALL CLAIMS COURT ACT AMENDED.
No. 1354 (House Bill No. 1808).
AN ACT
To amend an Act creating and establishing a small claims court in and for Coffee County, approved March 27, 1972 (Ga. Laws 1972, p. 2590), as amended, so as to change the provisions relating to fees; to change the provisions relating to costs; to change the provisions relating to collection of judgments; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a small claims court in and for Coffee County, approved March 27, 1972 (Ga. Laws 1972, p. 2590), as amended, is hereby amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

GEORGIA LAWS 1980 SESSION

4385

"Section 5. (a) Upon the filing of a claim, the plaintiff shall deposit with the court the sum of $22.00 for claims of $1,000.00 or less and the sum of $25.00 for claims in excess of $1,000.00, which shall cover all cost of the proceeding including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment, or trover shall be $20.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such cost remains unpaid and likewise shall have the power to deny such litigant the right to proceed further in any pending case. The award of court cost, as between the parties, shall be in the discretion of the judge; and such cost shall be taxed in the cause at the judge's discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or executions issued from the small claims court, the levying officer shall forthwith return the same to said court; and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court. The judge shall be entitled to a fee of $20.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
(c) Fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration."
Section 2. Said Act is further amended by striking in its entirety subsection (d) of Section 6, which reads as follows:
"(d) When served as provided, the actual cost of service shall be taxable as costs, but shall not exceed $5.00. The cost of service shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs."
Section 3. Said Act is further amended by striking in its entirety Section 8, which reads as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the court. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to

4386 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs shall be mandatory and such costs shall be taxed to the nonprevailing party.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. A deposit of $7.50 for every such claim case shall be made to the court. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
(c) The remainder of the court fee due after payment of the deposit, as provided in this section, shall be paid within 30 days of the date the deposit is made."
Section 4. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows:
"Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, the judge may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby."
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act to create and establish a small claims court in and for Coffee

GEORGIA LAWS 1980 SESSION

4387

County, approved March 27, 1972 (Ga. Laws 1972, p. 2590); and for other purposes.

This 16 day of January, 1980.

James Moore Representative, 152nd District

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Moore who, on oath, deposes and says that he/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise which is the official organ of Coffee County, on the following dates: January 24, 31, February 7, 1980.

/si James Moore Representative,
152nd District

4388 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
FRANKLIN COUNTY WATER AND SEWERAGE AUTHORITY ACT.
No. 1355 (House Bill No. 1815).
AN ACT
To create the Franklin County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers and to impose duties on the authority; to provide for the members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds

GEORGIA LAWS 1980 SESSION

4389

or obligations of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, and to pay the cost of such bonds or obligations, and to authorize the execution of resolutions and trust indentures to secure the payment thereof, and to define the rights of the holders of such bonds or obligations; to provide that no debt of Franklin County or the cities within Franklin County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Short title. This may be cited as the "Franklin County Water and Sewerage Authority Act."
Section 2. Franklin County Water and Sewerage Authority, (a) There is hereby created a body corporate and politic to be known as the Franklin County Water and Sewerage Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title; and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is hereby granted the same exceptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act.
(b) The authority shall consist of nine members. The mayors of Canon, Carnesville, Franklin Springs, Lavonia, and Royston, by their offices, shall be members of the authority or, if any of them so elect, may designate and appoint a resident of their respective cities to act as a member during that mayor's term of office. In addition,

4390 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the board of commissioners of Franklin County shall appoint four members, each of whom shall reside in Franklin County outside the corporate limits of the five municipalities, who shall serve for a term of four years and who shall be eligible for appointment initially. The board of commissioners of Franklin County shall appoint the members for staggered terms of one year, two years, three years, and four years, respectively. Vacancies shall be filled for the unexpired term by the said board of county commissioners. A majority of the members shall constitute a quorum and a majority may act for the authority in any matter. No vacancy shall impair the power of the authority to act. The authority shall elect one of its members as chairman and another member as vice chairman; and it shall also elect a secretary and treasurer who does not necessarily have to be a member of the authority and, if not a member, he or she shall have no voting rights. The members of the authority shall serve without compensation; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:
(1) The word "authority" shall mean the Franklin County Water and Sewerage Authority created in Section 2 of this Act.
(2) The word "project" shall be deemed to mean and include the acquisition, construction, and equipping of water facilities for obtaining one or more sources of water supply; the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within the territorial boundaries of the "project area," and additions and improvements to and extensions of such facilities, and the operation and maintenance of same so as to assure an adequate water system; the acquisition, construction, and equipping of sewerage facilities useful and necessary for the gathering of waste matter; and the treatment of sewage of any and every type, including, but not limited to, the acquisition and construction of treatment plants, ponds, and lagoons, within the territorial boundaries of the "project area," and additions and improvements to and extensions of such facilities, and the opera-

GEORGIA LAWS 1980 SESSION

4391

tion and maintenance of same so as to assure an adequate sewerage system. Said water facilities and said sewerage facilities, at the discretion of the authority, may be combined at any time as one revenue-producing undertaking and operated and maintained as such.
(c) The term "cost of the project" shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction; cost of engineering, architectural, fiscal, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) The terms "revenue bonds," "bonds," ^nd "obligations," as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended, and such type of obligations may be issued by the authority as authorized under said Revenue Bond Law and any amendments thereto, and, in addition, shall also mean obligations of the authority, the issuance of which is hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenue and earnings to be derived by the authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, and improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

4392 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 4. Powers. The authority shall have powers:
(a) To have a seal and alter the same at pleasure.
(b) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes.
(c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary for its corporate purposes and to use the same so long as its corporate existence shall continue; and to lease or make contracts with respect to the use or disposition of the same in any manner it deems to the best advantage of the authority, the authority having no power to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists unless, at the time such property is acquired, a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state of the reasonable value of such land in accordance with the applicable laws of the State of Georgia; and, if the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in a county or in a municipality incorporated under the laws of the State of Georgia, the governing authority or body of said county or municipality is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said county or municipality of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority.

GEORGIA LAWS 1980 SESSION

4393

(d) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents and attorneys, and to fix their respective compensations.
(e) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired; and any and all persons, firms, and corporations, the state and any and all political subdivisions, departments, institutions, or agencies of the' state are hereby authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for a term not exceeding 50 years.
(f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of Georgia or any agency or instrumentality thereof, or from the State of Georgia or any agency or instrumentality thereto.
(g) To accept loans and grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose.
(h) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose.

4394 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness, to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof.
(j) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state.
(k) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, interest shall be payable semiannually, principal shall mature at such time or times not exceeding 40 years from such date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended; and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto.
Section 6. Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the

GEORGIA LAWS 1980 SESSION

4395

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 without the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. Same; signatures; seal. All such bonds shall be signed by the chairman of the authority and attested by the secretary and treasurer of the authority, the official seal of the authority shall be affixed thereto, and any coupons attached thereto shall bear the facsimile signatures of the chairman and the secretary and treasurer of the authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed, and attested on behalf of the authority by such person as shall be duly authorized or hold the proper office at the actual time of the execution of such bonds; although at the date of such bonds, such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery.
Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds and the income thereof shall be exempt from all taxation within the state.
Section 9. Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority; and the proceeds derived from the sale of such bonds shall be Used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
Section 10. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue- interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

4396 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 11. Same; replacement of lost or mutilated bonds. The authority may also provide 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 revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, or things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted; and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.
Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Franklin County nor a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
Section 14. Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, 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 monies; and may also provide that any project shall be constructed and paid for under the

GEORGIA LAWS 1980 SESSION

4397

supervision and approval of consulting engineers or architects employed or designated by the authority; and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
Section 15. To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 16. Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide; and such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of: (a) the interest of the bonds as the same shall fall due; (b) the principal of the bonds as the same shall fall due; (c) any premium upon bonds acquired by redemption, payment, or otherwise; (d) the necessary charges of the

4398 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
paying agent or agents for paying principal and interest; and (e) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds; and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered.
Section 17. Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
Section 18. Refunding bonds. The authority is hereby authorized to provide by resolution for the issuance of bonds of the authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
Section 19. Venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or

GEORGIA LAWS 1980 SESSION

4399

action against such authority shall be brought in the Superior Court of Franklin County, Georgia; and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions.
Section 20. Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated; and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county', authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Franklin County Water and Sewerage Authority.
Section 21. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

4400 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 22. Monies received considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 23. Tort immunity. The authority shall have the same immunity and exemption from liability for torts and negligence as Franklin County; and the officers, agents, and employees of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Franklin County when in performance of their public duties or work of the county.
Section 24. Rates, charges, and revenues; use. The authority is hereby authorized to prescribe and revise, from time to time, rates, fees, tolls, and charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of a water system, a sewerage system, or a combined water and sewerage system and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto thereafter made.
Section 25. Rules and regulations for operation of projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished.
Section 26. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. This Act does not in any way take from Franklin County or any municipality located therein

GEORGIA LAWS 1980 SESSION

4401

or any adjoining county the authority to own, operate, and maintain a water system, a sewerage system, or a combined water and sewerage system, or to issue revenue bonds as is provided by the Revenue Bond Law.
Section 27. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the State of Georgia and their inhabitants, shall be liberally construed to effect the purposes hereof.
Section 28. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 29. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to create the Franklin County Water and Sewerage Authority; to provide for short title; to provide for definitions and for other purposes.
This 21st day of January, 1980.
Merrill T. Brown Chairman, Franklin County Industrial Building Authority

4402 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 24, 31, February 7, 1980.
Is/ Charles C. Mann Representative, 13th District
Sworn to and subscribed before me, this 15th day of February, 1980.
/sp1 Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
CITY OF PLAINS - CHARTER AMENDED No. 1356 (House Bill No. 1851). AN ACT
To amend an Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, so

GEORGIA LAWS 1980 SESSION

4403

as to provide for two additional members of the council and their election and terms of office; to change the provisions relating to quorums and voting; to change the provisions relating to action on ordinances; to provide for appeals from the municipal court to the superior court by writ of certiorari; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, is hereby amended by striking from Section 2.10 the word "four" and inserting in lieu thereof the word "six", so that when so amended Section 2.10 shall read as follows:
"Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Plains except as otherwise specifically provided in this charter shall be vested in a city council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter."
Section 2. Said Act is further amended by striking Section 2.11 in its entirety and inserting in lieu thereof a new Section 2.11 to read as follows:
"Section 2.11. Terms and Qualifications of Office. Except as provided in Section 5.10, the members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City of Plains, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution."
Section 3. Said Act is further amended by striking Section 2.24 in its entirety and inserting in lieu thereof a new Section 2.24 to read as follows:

4404 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2.24. Quorum, Voting. Four (4) councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll call vote. The affirmative vote of four (4) councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter."
Section 4. Said Act is further amended by striking in its entirety subsection (b) of Section 2.25 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish under section 2.23 of this charter; provided, however, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction unless all members present consent to the adoption of such ordinances at the meeting of their introduction. Upon introduction of any ordinance, the city clerk shall assure that the citizens of Plains have access to said ordinance."
Section 5. Said Act is further amended by striking in its entirety the last sentence of Section 4.15 and inserting in lieu thereof the following:
"An appeal to the superior court from the municipal court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the superior court from the municipal court, shall lie in the same manner as generally prescribed for appeals from the probate court.",
so that when so amended Section 4.15 shall read as follows:
"Section 4.15. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for

GEORGIA LAWS 1980 SESSION

4405

appeals and appeal bonds from the court of the probate judge; provided, however, that any person who fails to file his appeal within ten (10) days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court from the municipal court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the superior court from the municipal court, shall lie in the same manner as generally prescribed for appeals from the probate court."
Section 6. Said Act is further amended by striking Section 5.10 in its entirety and inserting in lieu thereof a new Section 5.10 to read as follows:
"Section 5.10. On the first Monday in December, 1980, there shall be an election for a Mayor and four Councilmen. The three Councilmen elected at the December regular election in 1979 shall continue to serve out their terms of office. The three Councilmen receiving the greatest number of votes cast for Council seats shall serve for two-year terms with the remaining Councilman to serve a one-year term. Thereafter, the Mayor and three Councilmen shall be elected on the first Monday in December in even-numbered years and three Councilmen elected on the same date in odd-numbered years so that a continuing body is created."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), as amended, so as to provide for appeals from the municipal court to the superior court by writ of certiorari; to provide for two additional members of the city council, and their election and terms of office; to provide for a quorum of the membership of the council; to provide for the adoption of ordinances by unanimous consent; and for other purposes.

4406 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 25th day of January, 1980.
Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 25, February 1,8, 1980.
Isl Bill Murray Representative, 116th District

GEORGIA LAWS 1980 SESSION

4407

Sworn to and subscribed before me, this 19th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

DOUGHERTY COUNTY SMALL CLAIMS COURT ACT AMENDED.
No. 1357 (House Bill No. 1857).
AN ACT
To amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164), so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to fees and costs in said court; to provide for additional fees and costs; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164), is hereby amended by inserting in Section 1 following the figure and symbol "$ 1,000.00" the following:
"and in cases involving damage to property in which the demand or value of the property involved does not exceed $1,000.00",

4408 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
so that when so amended Section 1 shall read as follows:
"Section 1. There is hereby created and established a Small Claims Court in and for Dougherty County. Such court shall be a separate court from the State Court of Dougherty County, but shall be operated, except as to practice and procedure and appeals, as if it were a division of the State Court of Dougherty County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,000.00 and in cases involving damage to property in which the demand or value of the property involved does not exceed $ 1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia."
Section 2. Said Act is further amended by striking Section 8 which reads as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall pay the sum of $7.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice, and which shall not be refunded. The deposit of costs in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The court shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.",

GEORGIA LAWS 1980 SESSION

4409

in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall pay the sum of $12.50 to the court, which shall cover all costs of the proceeding, except the cost of service of the notice, and which shall not be refunded. The deposit of costs in cases of attachment or trover shall be $12.50 which shall cover all costs of the proceeding, except the cost of service of the notice. In cases of garnishment, the deposit of costs shall be $10.00. The fee for reissuing a garnishment shall be $5.00 and the fee for release of garnishment shall be $2.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The court shall be entitled to a fee of $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. "
Section 3. Said Act is further amended by striking from Section 16 the following:
"$7.50",
and inserting in lieu thereof the following:
"$15.00",
so that when so amended Section 16 shall read as follows:
138--2

4410 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 16. Appeals may be had from judgments returned in the Small Claims Court to the State Court, and the same provisions now provided for by law for appeals to the State Court of Dougherty County, shall be applicable to appeals from the Small Claims Court to the State Court, the same to be a de novo appeal. Appeals shall be filed with the clerk of the Small Claims Court within ten days after the date the judgment is returned. A fee of $15.00 shall be charged for the cost of each appeal. The judge or associate judge of the State Court who acted as judge of the Small Claims Court in the case shall not hear the appeal of the case in State Court. A default judgment shall not be subject to appeal."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act creating the Small Claims Court of Dougherty County, approved March 24, 1976 (Ga. Laws 1976, p. 3164); and for other purposes.
This 27 day of December, 1979.
Charles Hatcher Representative, 131st District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he/she is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce

GEORGIA LAWS 1980 SESSION

4411

Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: January 3, 10, 17, 1980.

Isl Charles Hatcher Representative, 131st District

Sworn to and subscribed before me, this 19th day of February, 1980.

Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

ALCOVY SHORES WATER AND SEWERAGE AUTHORITY ACT AMENDED.
No. 1358 (House Bill No. 1879).
AN ACT
To amend the "Alcovy Shores Water and Sewerage Authority Act," approved April 4, 1979 (Ga. Laws 1979, p. 3177), so as to add a definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

4412 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. The "Alcovy Shores Water and Sewerage Authority Act," approved April 4, 1979 (Ga. Laws 1979, p. 3177), is hereby amended by adding at the end of Section 3 thereof a new subsection (f) to read as follows:
"(f) The term `project area' shall mean the boundaries of the Alcovy Shores Water and Sewerage Authority and shall be more specifically defined as all that area within a radius of five miles from the intersection of the centerlines of Lake Shore Drive and Decatur Street in the Alcovy Shores Subdivision of Jasper County, Georgia, Land Lot 142, 18th District."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend the "Alcovy Shores Water and Sewerage Authority Act," approved April 4, 1979 (Ga. Laws 1979, Page 3177); and for other purposes..
This 4th day of February, 1980.
E. Roy Lambert Representative, 112th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath,

GEORGIA LAWS 1980 SESSION

4413

deposes and says that he/she is Representative from the 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monticello News which is the official organ of Jasper County, on the following dates: February 7, 14,21, 1980.

Isl E. R. Lambert Representative, 112th District

Sworn to and subscribed before me, this 25th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

GRIFFIN DEVELOPMENT AUTHORITY ACT AMENDED.
No. 1359 (House Rill No. 1885).
AN ACT
To amend an Act creating the Griffin Development Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4532), so as to change the membership of the Authority; to remove the conditional taxing power; to provide for exemption from taxation of certain property of the Authority; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

4414 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the Griffin Development Authority, approved April 11, 1979 (Ga. Laws 1979, p. 4532), is hereby amended by striking subsections (a) and (b) of Section 1 and inserting in their place new subsections to read as follows:
"(a) The Authority shall be composed of ten members to be appointed and elected as hereinafter provided. One member of the Authority shall be the Chairman of City Commissioners of the City of Griffin. One member of the Authority shall be the Chairman of the Board of Commissioners of Spalding County. Four members of the Authority shall represent the owners of real property which is in the Development District and shall be known as the Real Property Owner Group. The remaining four members of the Authority shall represent the owners of business establishments whose principal place of business is located in the Development District and shall be known as the Business Owner Group. A person who both owns downtown real estate and operates a business within the Development District is entitled to vote for the representatives of both the Real Property Owner Group and the Business Owner Group. However, no individual shall hold more than one seat on the Authority.
(b) All new or expired terms for members of the Authority shall be filled by persons elected in a caucus of each respective Owner's Group. Such caucuses shall be held at such time and place as the Chairman of City Commissioners of Griffin shall designate within the City of Griffin, Georgia. The caucuses of the two respective groups shall not be held at the same time because of the possibility of an individual being eligible to vote in both caucuses, as provided in Section 2(a). Two members of each group shall be elected for one year and the remaining two members of each group shall be elected for two years. Thereafter, all terms of office of members of the Authority shall be for two years, except for the chairmen of city commissioners and county commissioners whose terms shall coincide with their terms as chairmen. After the initial election, terms of office for all members of the Authority, except for the chairmen of city commissioners and county commissioners as defined in this Section shall begin and terminate on December 1 of every other year. In the event of a vacancy in the membership, the chairman of city commissioners shall call a special meeting of the group wherein the vacancy occurs for the purpose of electing a successor to serve out the term of office of the former member."

GEORGIA LAWS 1980 SESSION

4415

Section 2. Said Act is further amended by striking in its entirety Section 4 and inserting in lieu thereof a new section to read as follows:
"Section 4. All property of the Authority held pursuant to the terms of this Act, and any income or revenue therefrom, is held for an essential public purpose and governmental function. All such property shall be deemed to be public property and exempt from any and all taxes, except that property of the Authority used primarily by private enterprise or business shall be taxable as if it were not owned by the Authority, and the private enterprises or businesses using such property shall pay the taxes thereon. The determination of whether a particular item or parcel of the Authority's property is used primarily by private enterprise or business shall be made by the Tax Commissioner of Spalding County, whose decision shall be conclusive and binding. The exemption of the Authority's property from taxes does not apply to interests of others (such as, for example, an estate for years) in property of the Authority."
Section 3. Said Act is further amended by striking in its entirety Section 5 and inserting in lieu thereof a new section to read as follows:
"Section 5. The Authority shall have the power:
(a) to buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith within the Development District;
(b) to receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures;
(c) to grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements or capital acquisitions to real property within the Development District which, in the judgment of the governing body of this Authority, shall be of benefit to the economic improvement and development of said district or area;

4416 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) to borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;
(e) to appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act;
(f) to encourage and promote the economic improvement, development and rehabilitation of the Development District and to make long-range plans therefor in cooperation with the planning development of the Griffin Development Authority, City of Griffin and Spalding County;
(g) to accumulate its funds from year to year and to invest and reinvest such funds;
(h) to designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred;
(i) to do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred;
(j) to adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; and
(k) to exercise all of the powers vested in the Authority by the Constitution and laws of the State of Georgia."
Section 4. Said Act is further amended by striking in its entirety Section 6 and inserting in lieu thereof a new section to read as follows:
"Section 6. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of

GEORGIA LAWS 1980 SESSION

4417

Griffin within the meaning of Article IX, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city."
Section 5. Said Act is further amended by striking in its entirety Section 7 and inserting in lieu thereof a new section to read as follows:
"Section 7. The Authority is hereby authorized to issue revenue bonds or obligations from time to time to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bind said governing authority then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said Authority shall be validated in the Superior Court of Spalding County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga.

4418 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue."
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given of intention to introduce in the 1980 Session of the Georgia General Assembly legislation amending House Bill 992 as passed in the 1979 Session of the Georgia General Assembly which created the Griffin Development Authority and for other purposes.
This the 24th day of January 1980.
Tilman Blakely, Jr., Chairman Griffin Development Authority
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Fortune who, on oath, deposes and says that he/she is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Griffin Daily News which is the official organ of Spalding County, on the following dates: January 30, February 6, 13, 1980.
Is/ Jim Fortune Representative, 71st District

GEORGIA LAWS 1980 SESSION

4419

Sworn to and subscribed before me, this 26th day of February, 1980.

M ( Elizabeth Ann Johnson Notary Public,1 Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 1, 1980.

PIKE COUNTY -9 SMALL CLAIMS COURT ACT AMENDED.
No. 1360 (House Bill No. 1887).
AN ACT
To amend an Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, so as to change the provisions relating to costs and fees; to change the provisions relating to judgment liens; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $16.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit-of-cost in cases of attachment, garnishment or trover shall

4420 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be $21.00. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the Judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply as in cases of affidavits of illegality. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding."
Section 2. Said Act is further amended by striking Section 16 in its entirety and inserting in lieu thereof a new Section 16 to read as follows:
"Section 16. (a) A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
(b) The judge shall have authority to issue all necessary and proper writs of execution, including fieri facias, and to charge and collect for issuance of each such writ a fee of $2.25 in addition to the deposit of costs required by Section 8. It shall be the duty of the

GEORGIA LAWS 1980 SESSION

4421

clerk of the superior court when any such writ is filed with him to enter same on the general execution docket."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), as amended, so as to change certain provisions relating to fees and costs; to provide for other matters relative to the foregoing; and for other purposes.
This 28th day of January, 1980.
Bill Jones Representative, 78th District Marvin Adams Representative, 79th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Jones who, on oath, deposes and says that he/she is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official

4422 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
organ of Pike County, on the following dates: January 30, February 6, 13, 1980.
/si Bill Jones Representative, 78th District
Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
CITY OF DeSOTO B NEW CHARTER. No. 1361 (House Bill No. 1892). AN ACT
To provide a new Charter for the City of DeSoto in the County of Sumter; to provide for the corporate powers of said City; to provide for the governing authority; to provide for the administrative affairs of said City; to provide for a municipal court; to provide for elections; to provide for financial and fiscal affairs of said City; to provide for certain general provisions; to provide for other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to provide effective dates; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

GEORGIA LAWS 1980 SESSION

4423

ARTICLE I INCORPORATION, POWERS
Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of DeSoto, repealing and replacing the charter provided by an Act of the General Assembly, approved November 7, 1889 (Ga. Laws 1888-1889, p. 944), as amended. The City of DeSoto, Georgia, in the County of Sumter and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of the City of DeSoto, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.
Section 1.11. Corporate Boundaries, (a) The boundaries of the City of DeSoto shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of DeSoto, at all times, shall be shown on a map to be retained permanently in the office of City Clerk and to be designated: "City of DeSoto, Georgia". Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the Mayor. Photographic or other copies of such map certified by the Mayor shall be admitted as evidence in all courts and shall have the same force and effect as with the original map.
(b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace.
Section 1.12. Examples of Powers. The corporate powers of this City may include but shall not be limited to the following:
(1) Property Taxes. To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation;
(2) Other Taxes. To levy and collect such other taxes as may be allowed now or in the future by State law;

4424 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any City taxes or fees;
(4) Appropriations and Expenditures. To make appropriations for the government of the City; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the City;
(5) Municipal Debts. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia;
(6) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City;
(7) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
(8) Condemnation. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia of 1933, as amended, or under other applicable general laws of the State of Georgia as are or may be enacted or amended;
(9) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced;

GEORGIA LAWS 1980 SESSION

4425

(10) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Georgia Public Service Commission;
(11) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities;
(12) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia of 1933, as amended, or other applicable general laws of the State of Georgia, as are or may be enacted or amended;
(13) Sidewalk Maintenance. To require real estate owners* to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;
(14) Building Regulation. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes and to regulate all housing, building, and building trades; to license the construction and erection of buildings and all other structures;

4426 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(15) Planning and Zoning. To provide such comprehensive city planning for development by zoning; subdivision regulation and the like as the City Council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;
(16) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(17) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(18) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances;
(19) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;
(20) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City;
(21) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;

GEORGIA LAWS 1980 SESSION

4427

(22) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
(23) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
(24) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees, and to provide for the manner and method of collecting such service charges;
(25) Sewer Fees. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system;
(26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property;
(27) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof;
(28) Jail Sentences. To provide that persons given jail sentences in the City's court may work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; t

4428 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(29) Animal Regulations. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of the ordinance enacted hereunder;
(30) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic,"" including parking, upon or across the streets, roads, alleys and walkways of the City;
(31) Taxicabs. To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;
(32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City;
(33) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
(34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be made therefor;
(35) City Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;
(36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;
(37) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency;

GEORGIA LAWS 1980 SESSION

4429

(38) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City;
(39) Urban Redevelopment. To organize and operate an urban redevelopment program;
(40) Public Transportation. To organize such public transportation systems as are deemed beneficial;
(41) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;
(42) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees may be exercised as provided by this charter. If this charter makes no provision, such may be exercised as provided by ordinance or as provided by pertinent laws of the State of Georgia.

4430 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE II GOVERNING BODY
Section 2.10. Creation; Composition; Number; Election. The governing authority of this City shall be composed of a Mayor and four Councilmen who shall be elected in the manner provided by Article V of this charter.
Section 2.11. Terms and Qualification of Office. Except as otherwise provided for their initial terms, the members of the governing body shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of Mayor or members of the Council and shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of the City.
Section 2.12. Vacancy; Filling of; Forfeiture of Office, (a) The office of Mayor or Councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.
(b) A vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter.
(c) The Mayor or any Councilman shall forfeit his office if he:
(1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia;
(2) willfully and knowingly violates any express prohibition of this charter; or
(3) is convicted of a crime involving moral turpitude.
Section 2.13. Compensation and Expenses. The salaries of the Mayor and Council of the City of DeSoto, Georgia, shall be fixed by said Mayor and Council in January next following the City's elec-

GEORGIA LAWS 1980 SESSION

4431

tion except as otherwise limited by the general laws of the State of Georgia. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.
Section 2.14. Prohibitions. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected.
Section 2.15. Code of Ethics. The Council may enact by ordinance a Code of Ethics which shall apply to all elected officials, appointed officers and employees of this City.
Section 2.16. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance.
Section 2.17. General Power and Authority of the Council, (a) Except as otherwise provided by law or by this charter, the Council shall be vested with all the powers of government of this City as provided by Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this City. The Council may enforce such ordinances by imposing penalties for the violation thereof.
(c) The Council may, by ordinance, create, change, alter, abolish, or consolidate offices, agencies and departments of the City and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

4432 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.18. Chief Executive Officer. The Mayor shall be the chief executive of this City. He shall possess all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter.
Section 2.19. Powers and Duties of Mayor. As the chief executive of this City, the Mayor:
(a) shall see that all laws and ordinances of the City are faithfully executed;
(b) shall preside at all meetings of the Mayor and Council and vote in the event of a tie vote among the Council;
(c) shall appoint and remove all officers, department heads, and employees of the City by and with the consent of Council except as otherwise provided for in this charter;
(d) shall exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities;
(e) shall prepare and submit to the Council a recommended annual operating budget and recommended capital budget;
(f) shall submit to the Council at least once a year a statement covering the financial conditions of the City and from time to time, such other information as the Council may request;
(g) may recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(h) may call special meetings of the Council as provided for in Section 2.23(b);
(i) may approve or disapprove ordinances as provided in Section 2.20;
(j) may examine and audit all accounts of the City;

GEORGIA LAWS 1980 SESSION

4433

(k) may require any department or agency of the City to submit written reports whenever he deems it expedient;
(l) shall perform other duties as may be required by general State law, this charter or ordinance.
Section 2.20. Submission of Ordinances to the Mayor; Veto Power, (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor.
(b) The Mayor, within ten calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor.
(c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next meeting and should the Council then or at its next general meeting adopt the ordinance by an affirmative vote of three members, it shall become law.
' (d) The Mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the Council over the Mayor's veto as provided herein. The reduced part or parts shall be presented to Council as though disapproved and shall become law unless overridden by Council as in subsection (c) above.
Section 2.21. Mayor Pro Tern; Selection; Duties. The Council shall elect by majority vote from among its members a Mayor Pro Tern who shall assume the duties and powers of the Mayor upon the Mayor's disability or absence. The Council shall elect an acting Mayor Pro Tern from among its members for any period in which the Mayor Pro Tern is disabled, absent or acting as Mayor. Any such absence or disability shall be declared by majority vote of all members of the Council.

4434 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2.22. Organization Meeting, (a) The Council shall meet for organization on the first scheduled meeting in January next following the City election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly swear that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of this City and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) Following the induction of members, the Council by majority vote of all the members thereof shall elect one of their number to be Mayor Pro Tern. The Mayor Pro Tern shall serve for a term of one year and until his successor is elected and qualified.
Section 2.23. Regular and Special Meetings, (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting.
(b) Special meetings of the Council may be held on call of the. Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting.
(c) , All meetings of the Council shall be public to the extent required by general State law.

GEORGIA LAWS 1980 SESSION

4435

Section 2.24. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings which shall be a public record.
Section 2.25. Quorum, Voting. Three Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the Council shall have the right to request a roll-call vote. A majority vote of those present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.
Section 2.26. Action Requiring an Ordinance, (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: "The Council of the City of DeSoto hereby ordains...." and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction unless all members present consent to the adoption of such ordinances at the meeting of their introduction. Upon introduction of any ordinance, the Clerk shall, as soon as reasonable, distribute a copy to the Mayor and to each Council member and shall file a reasonable number of copies in the office of the Clerk and at such other public places as the Council may designate.
Section 2.27. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the

4436 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.
Section 2.28. Codes of Technical Regulations, (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) the requirements of Section 2.26(b) of this charter for assuring public access to 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 City Clerk pursuant to Section 2.29 of this charter.
(b) Copies of any adopted code of technical regulations may be made available by the City Clerk for distribution or for purchase at a reasonable price.
Section 2.29. Signing, Authenticating, Recording; Codifying, Printing, (a) The City Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by Council. Every ordinance shall be signed by the Mayor after adoption.

GEORGIA LAWS 1980 SESSION

4437

(b) The Council shall provide for the preparation of a general codification of all the ordinances of the City. The general codification shall be adopted by the Council by ordinance and shall be published promptly together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as "The Code of the City of DeSoto, Georgia". Copies of the Code may be furnished to all officers, departments, and agencies of the City and made available for purchase by the public at a reasonable price as fixed by the Council.
(c) The Council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption. Following publication of the first Code of this City 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 incorpora'tion therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.

ARTICLE III ADMINISTRATIVE AFFAIRS
Section 3.10. Administrative and Service Departments, (a) Except as otherwise provided in this charter, the Council shall prescribe the functions or duties and establish, abolish or alter all nonelective offices, positions of employment, departments and agencies of the City, as necessary for the proper administration of the affairs and government of this City.
(b) Except as otherwise provided by this charter or general State law, department heads and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority.

4438 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) All appointive officers and department heads shall receive such compensation as prescribed by Council.
(d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All directors under the supervision of the Mayor shall be nominated by the Mayor with confirmation of appointment by the Council. The Mayor may suspend or remove directors under his supervision. The director involved may appeal to the Council who, after a hearing, may override the Mayor's action by a vote of three Council members.
Section 3.11. Board, Commissions and Authorities, (a) The Council shall create, by ordinance, such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the Council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof.
(b) All members of boards, commissions and authorities of the City shall be appointed by the Council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general State law.
(c) The Council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority.
(d) Any vacancy on a board, commission or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or general State law.
(e) No member of a board, commission or authority shall assume office until he has executed and filed with the Clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor.

GEORGIA LAWS 1980 SESSION

4439

(f) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the Council.
i (g) Except as otherwise provided by this charter or by general State law, each board, commission or authority of the City shall elect one of its members as chairman and one member as vice chairman and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission or authority of the City government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the City or general State law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the Clerk of the City.
Section 3.12. City Attorney. The Council may appoint a City Attorney, together with such assistant City Attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the Council as directed; shall advise the Council, Mayor and other officers and employees of the City concerning legal aspects of the City's affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney.
Section 3.13. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City and to perform such other duties as may be required by law or as the Council may direct.
Section 3.14. Tax Collector. The Council may appoint a Tax Collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this charter and the ordinances of the City, and the Tax Collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

4440 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 3.15. City Accountant. The Council may appoint a City Accountant to perform the duties of an accountant.

Section 3.16. Consolidation of Functions. The Council may consolidate any two or more of the positions of City Clerk, City Tax Collector and City Accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.

Section 3.17. Position Classification and Pay Plans. The Mayor may be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval upon request by the Council. Said plans may apply to all employees of the City and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the Council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this Section, all elected and appointed City officials are not City employees.

Section 3.18. Personnel Policies. The Council may adopt rules and regulations consistent with this charter concerning:

(1) the method of employee selection and probationary periods of employment; and

(2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and

(3) i hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and

(4) such dismissal hearings as due process may require; and

(5)

such other personnel policies a

for adequate and systematic handling of personnel affairs.

GEORGIA LAWS 1980 SESSION

4441

ARTICLE IV MUNICIPAL COURT
Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same.
Section 4.11. Chief Judge, Associate Judge, (a) The Municipal Court shall be presided over by a Chief Judge and such part-time, full-time or stand-by Associate Judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve,as a Judge of the Municipal Court unless he shall have attained the age of 21 years and be a resident of the same Superior Court judicial circuit as the Municipal Court is located in. All Judges shall be appointed by Council.
(c) Compensation of the Judges shall be determined by Council who may also remove for cause such Judge or Judges by a vote of three members of the Council.
:(d) Before entering on duties of his office, each Judge shall take an oath given by the Mayor, that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality which shall be entered upon Council minutes.
Section 4.12. Convening. The Municipal Court shall be convened at regular intervals as designated by Council or at such times as deemed necessary by the Judge to keep current the dockets thereof.
Section 4.13. Jurisdiction; Powers, (a) The Municipal Court shall try and punish for crimes against the City and for violation of its ordinances. The Municipal Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed twenty-five dollars. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine o13f9--fi2ve hundred dollars or imprisonment for thirty days, or both. As

4442 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
an alternative to fine or imprisonment, the Municipal Court may sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares or other public works for a period not exceeding thirty days.
(b) The Municipal Court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to Superior Courts for violations of State law.
(c) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall on order of the Judge be forfeited to the City or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes.
(d) The Municipal Court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.
(e) The Municipal Court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(f) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law.

GEORGIA LAWS 1980 SESSION

4443

(g) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City granted by general State laws generally to mayor's, recorder's and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Sumter County from the Mayor's Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the court of the Probate Judge; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court from the Municipal Court shall be by writ of certiorari. Procedures connected with the petition for writ of certiorari, including bonds required to secure costs on appeal to the Superior Court from the Municipal Court, shall lie in the same manner as generally prescribed for appeals from the Probate Court.
Section 4.15. Rules for Court. With the approval of the Council, the Judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Municipal Court; provided, however, that the Council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said Court shall be filed with the City Clerk and shall be available for public inspection upon request.

ARTICLE V ELECTIONS
Section 5.10. Applicability of General Law. All elections shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.

4444 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 5.11. Election of Council and Mayor, (a) On the first Tuesday of November, 1980, there shall be an election for the Mayor and four Councilmen. At such election the Mayor shall be elected by plurality vote and shall serve for a term of two years and until the election and qualification of a successor. At such election the candidate for Councilman receiving the highest number of votes and the candidate for Councilman receiving the second highest number of votes shall be elected Councilman for terms of two years and until the election and qualification of their respective successors. At such election the candidate for Councilman receiving the third highest number of votes and the candidate for Councilman receiving the fourth highest number of votes shall be elected Councilmen for terms of one year and until the election and qualification of their respective successors.
(b) Successors to the Mayor and those Councilmen having initial two-year terms under subsection (a) of this Section shall be elected on the first Tuesday of November in every even-numbered year thereafter and successors to those Councilmen having initial oneyear terms under said subsection (a) shall be elected on the first Tuesday of November in every odd-numbered year thereafter so that a continuing body is created. The Mayor and four Councilmen shall be elected by plurality vote and, unless otherwise provided for initial terms, shall serve for terms of two years and until the election and qualification of their respective successors.
(c) The terms of office of the Mayor and Councilmen elected as provided in this Section shall begin upon their taking the oath of office as provided for in Section 2.22 of this charter.
Section 5.12. Special Elections; Vacancies. In the event that the office of Mayor or Council member shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the Council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.

GEORGIA LAWS 1980 SESSION

4445

Section 5.13. Nonpartisan Elections. Political parties shall not conduct primaries for City offices and all names of candidates for City offices shall be listed without party labels.
Section 5.14. Other Provisions. Except as otherwise provided by this charter, the Council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Municipal Election Code, Title 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.
Section 5.15. Grounds for Removal. The Mayor, Council members, or others provided for in this charter shall be removed from office for any one or more of the following causes:
(a) incompetence, misfeasance or malfeasance in office;
(b) conviction of a crime involving moral turpitude;
(c) failure at any time to possess any of the qualifications of office as provided by this charter or by law;
(d) knowingly violate any express prohibition of this charter;
(e) abandonment of office or neglect to perform the duties thereof; or
(f) failure for any other cause to perform the duties of office as required by this charter or by law.
Section 5.16. Procedure for Removal. Removal of an above described officer may be accomplished by one of the following methods:
(a) By majority vote of the full Council after an investigative hearing, the officer to be removed not voting if he is a member of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision

4446 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the Council to the Superior Court of Sumter County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court.
(b) By information filed in the Superior Court of Sumter County as provided by law.
ARTICLE VI FINANCE
Section 6.10. Property Tax. The Council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the City that is subject to such taxation by the State and county. This tax is for the purpose of raising revenues to defray the costs of operating the City government; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the Council in its discretion.
Section 6.11. Millage Rate, Due Dates, Payment Methods. The Council, by ordinance, shall establish a millage rate for the City property tax; a due date; and in what length of time these taxes must be paid. The Council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City.
Section 6.12. Occupation and Business Taxes. The Council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general State law. Such taxes may be levied on both individuals and corporations who transact business in the City or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to the City to be so taxed. The Council may classify businesses, occupations, professions or callings for the purpose of

GEORGIA LAWS 1980 SESSION

4447

such taxation in any way which may be lawful and compel the payment of such taxes as provided in this Article.
Section 6.13. License, Permits, Fees. The Council, by ordinance, shall have the power to require any individuals or corporations who transact business in this City or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the City and pay a reasonable fee for such license or permit where such activities are not now regulated by general State law in such a way as to preclude City regulation. Such fees may reflect the total cost to the City of regulating the activity and if unpaid shall be collected as provided in this Article for delinquent taxes and fees. The Council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates.
Section 6.14. Service Charges. The Council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the City for the total cost to the City of providing such services. If unpaid, such charges shall be collected as provided in this Article for delinquent taxes and fees.
Section 6.15. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, from the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent, and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and City property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this Article for City property taxes.
Section 6.16. Construction, Other Taxes. The City shall be empowered to levy any other tax allowed now or hereafter by State law, including but not limited to the insurance premium tax at the

4448 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
maximum rate allowable 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 govern its local affairs.
Section 6.17. Collection of Delinquent Taxes and Fees. The Council, by ordinance, may provide generally for the collection of delinquent taxes, fees or other revenue due the City by whatever reasonable means! as' are not precluded by general State law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City licenses for failure to pay any City taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions.
Section 6.18. Transfer of Executions. The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law.
Section 6.19. General Obligation Bonds. The Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond

GEORGIA LAWS 1980 SESSION

4449

Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
Section 6.21. Short-Term Notes. The City must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law.
Section 6.22. Fiscal Year. The Council shall set the fiscal year by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the City government, unless otherwise provided by general State or Federal law.
Section 6.23. Preparation of Budgets. The Council may provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs.
Section 6.24. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies. .
Section 6.25. Capital Improvements Budget, (a) The Mayor may submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, provided that such authorization is passed by twothirds' vote of the membership of the Council.
(b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, how-

4450 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ever, that the Mayor may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council.
Section 6.26. Independent Audit. There shall be an annual, independent 'audit of all City accounts, funds and financial transactions by a qualified public accountant selected by the Council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the State or Federal governments may be accepted as satisfying the requirements of this charter.
Section 6.27. Contracting Procedures. No contract with the City shall be binding on the City unless:
(1) it is in writing;
(2) it is made or authorized by the Council and such approval is entered in the Council minutes.
Section 6.28. Centralized Purchasing. The Council may, by ordinance, prescribe procedures for a system of centralized purchasing for the City.
Section 6.29. Sale of City Property, (a) The Council may sell and convey any real or personal property owned or held by the City for governmental or other purposes as provided by general State law, as now or later amended, by Section 69-318 of the 1933 Code of Georgia (Ga. Laws 1976, p. 350).
(b) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the Council may authorize the

GEORGIA LAWS 1980 SESSION

4451

Mayor to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII GENERAL PROVISIONS
Section 7.10. Eminent Domain. The Council'is hereby empowered to acquire, construct, operate and maintain public ways,'parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the City, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other Georgia law applicable now or provided in the future.
Section 7.11. Franchises. The Council shall have the power to grant franchises for the use of the City's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies and other similar organizations. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of twenty-five years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the City Clerk in a registration book to be kept by him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

4452 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7.12. Official Bonds. The officers and employees of the City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the Council may from time to time require by ordinance or as may be provided by State law.
Section 7.13. Existing Ordinances, Resolutions, Rules and Regulations. Existing ordinances, resolutions, rules and regulations of the City not in conflict with this charter shall continue in force unless repealed or amended for two years from the effective date of this charter. During such two-year period, the Council shall review all such provisions and shall readopt, repeal or amend each such ordinance for which a codification as provided by Section 2.29(b) is begun.
Section 7.14. Prior Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this charter, are hereby declared valid and of full effect and force until amended or repealed by the Council.
Section 7.15. Existing Personnel and Officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of sixty days before or during which the existing Council shall pass, a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.
Section 7.16. Pending Matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be dealt with by such City agencies, personnel or offices as may be provided by the Council.
Section 7.17. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars or by imprisonment not to exceed sixty days or both such fine and imprisonment.

GEORGIA LAWS 1980 SESSION

4453

Section 7.18. Construction.1 (a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall'' is intended to be mandatory and the word "may" is not.
(c) The word "City" shall mean the City of DeSoto, Georgia.
(d) The word "Council" shall mean the City Council of this City.
(e) The singular shall include the plural and the masculine the feminine and vice versa.
Section 7.19. Severability. If any Article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other.
Section 7.20. Specific Act Repealed. An Act incorporating the City of DeSoto in the County of Sumter, approved November 7, 1889 (Ga. Laws 1888-1889, p. 944), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.21. Effective Dates. For the purpose of holding the elections provided for in Section 5.11 of this Act, this Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all other purposes, this Act shall become effective when the Mayor and Councilmen elected under subsection (a) of Section 5.11 of this Act take their oaths of office.
Section 7.22. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

4454 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to create a new charter for the City of DeSoto; and for other purposes.
This 21st day of January, 1980.
Hugh Carter Senator, 14th District Don Castleberry Representative, 111th District Bill Murray Representative, 116th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the,il 16th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times Recorder which is the official organ of Sumter County, on the following dates: January 24, 31, February 1, 1980.
isl Bill Murray Representative, 116th District

GEORGIA LAWS 1980 SESSION

4455

Sworn to and subscribed before me, this 26th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

TAYLOR COUNTY CORONER'S COMPENSATION.
No. 1362 (House Bill No. 1895).
AN ACT
To provide compensation for the Coroner of Taylor County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. The Coroner of Taylor County is hereby placed on a salary basis and shall be compensated as such in the amount of $1,200.00 per year. Said compensation shall be paid in monthly installments of $100.00 from the funds of the county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies, and all other emoluments and perquisites of whatever kind formerly allowed the Coroner of Taylor County. All fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind collected by said coroner shall become the property of Taylor County and shall be paid to the fiscal officer of the county, at least once a month.

4456 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
This is to advise that there will be a bill introduced in the 1980 session of the Georgia General Assembly to change the compensation of the Taylor County Coroner and for other purposes.
Ward Edwards Representative, 110th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards who, on oath, deposes and says that he/she is Representative from the 110th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following dates: January 24, February 7, 14, 1980.
/sf : Ward Edwards Representative, 110th District

GEORGIA LAWS 1980 SESSION

4457

Sworn to and subscribed before me, this 15th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

GLYNN COUNTY - FACILITIES, ETC. FOR SHERIFF'S OFFICE.
No. 1363 (House Bill No. 1897).
AN ACT
To amend an Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4116), so as to provide for additional facilities and personnel required by statute or court order for prisoners in Glynn County and to provide for payment therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 11, 1979 (Ga. Laws 1979, p. 4116), is hereby amended by striking in its entirety Section 2 thereof, which reads as follows:

4458 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 2. The sheriff shall be authorized to appoint the following deputies and other personnel to assist him.
1 chief deputy
I 2nd senior deputy II additional deputies 1 chief office deputy 3 clerk-typists 1 chief jailer who shall also be a deputy 12 additional jailers 5 matrons 1 cook 2 custodians. In addition to the personnel authorized above, the sheriff shall be authorized to appoint such additional personnel needed for the purpose of implementing any statutory or court ordered requirement relating to recreation or fresh air for prisoners in Glynn County, provided that such additional personnel shall be compensated out of county funds.", and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. The sheriff shall be authorized to appoint the following deputies and other personnel to assist him. 1 chief deputy 1 1st senior deputy

GEORGIA LAWS 1980 SESSION

4459

I 2nd senior deputy
II additional deputies
1 chief office deputy
3 clerk-typists
1 chief jailer who shall also be a deputy
12 additional jailers
5 matrons
1 cook
2 custodians.
In addition to the personnel authorized above, the sheriff shall be authorized to provide for such additional facilities and personnel needed for the purpose of implementing any statutory or court ordered requirement relating to prisoners in Glynn County, including but not limited to such requirements concerning recreation or fresh air for such prisoners and concerning the feeding of such prisoners; provided that such additional facilities and personnel shall be paid for out of county funds."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended; to repeal conflicting laws; and for other purposes.

4460 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 28th day of January, 1980.
James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District
Georgia, Glynn County.
Personally appeared before the undersigned attesting authority, W. R. Maulden, Advertising Manager of The Brunswick News, a daily newspaper published in aforesaid county, who on oath says that the attached legal notice was published in said newspaper on January 29, February 5, 12, 1980.
/s/i W. R. Maulden
Sworn to and subscribed before me, this 28th day of February, 1980.
Is/-,- Hazel R. Edgy Notary Public. My Commission Expires Jan. 9, 1983. (Seal).
Approved April 1, 1980.

GEORGIA LAWS 1980 SESSION

4461

PAULDING COUNTY --.COMPENSATION OF CLERK OF SUPERIOR COURT.
No. 1364 (House Bill No. 1898).
AN ACT
To amend an Act placing the clerk of the Superior Court, the sheriff, the probate judge, and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act placing the clerk of the Superior Court, the sheriff, the probate judge, and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2246), as amended, is hereby amended by striking from Section 2 the figure:
"$12,000.00",
and inserting in lieu thereof the figure;
"$14,000.00",
so that when so amended Section 2 shall read as follows:
"Section 2. The clerk of the superior court shall receive an annual salary of $14,000.00 payable in equal monthly installments from the funds of such county."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

4462 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act placing the clerk of the Superior Court, the sheriff, the judge of the probate court and the coroner of Paulding County on a salary basis in lieu of a fee system, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., P. 2246), as amended; and for other purposes.
This 4th day of February, 1980.
Bill Cooper Representative, 19th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dallas News Era which is the official organ of Paulding County, on the following dates: February 7, 14, 21, 1980.
Is/ Bill Cooper Representative, 19th District

GEORGIA LAWS 1980 SESSION

4463

Sworn to and subscribed before me, this 27th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

PAULDING COUNTY - FIRE PREVENTION DISTRICTS.
No. 1366 (House Bill No. 1900).
AN ACT
To amend an Act authorizing the commissioner of Paulding County to establish and administer fire prevention districts and providing for an election to determine the taxes or special assessments to be levied in said districts, approved April 17, 1973 (Ga. Laws 1973, p. 3180), so as to change the maximum millage rate of the taxes which may be levied; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act authorizing the commissioner of Paulding County to establish and administer fire prevention districts and providing for an election to determine the taxes or special assessments to be levied in said districts, approved April 17, 1973 (Ga. Laws 1973, p. 3180), is hereby amended by striking from the ballot question contained in Section 3 of said Act the following:

4464 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
"seven", and inserting in lieu thereof the following:
"five", so that when so amended the ballot question contained in Section 3 shall read as follows:
"[ ] YES Shall the Act providing for the levy of taxes not [ ] NO to exceed five mills for fire prevention purposes be approved?^
Section 2. Said Act is further amended by striking from Section 5 the following:
"seven"-** and inserting in lieu thereof the following:
"five",' > so that when so amended Section 5 shall read as follows:
"Section 5. In any fire prevention district which votes for levying such taxes, the Commissioner of Paulding County may levy upon to five mills on the property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in which

GEORGIA LAWS 1980 SESSION

4465

such funds are collected and not in any other fire prevention district in Paulding County."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an Act authorizing the establishment of fire prevention districts in Paulding County, approved April 17, 1973 (Ga. Laws 1973, P. 3180); and for other purposes.

This 4th day of February, 1980.

Bill Cooper Representative, 19th District

4466 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max D. Kaley who, on oath, deposes and says that he/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dallas News Era which is the official organ of Paulding County, on the following dates: February 7, 14, 21, 1980.
Is/ Max D. Kaley Representative. 19th District
Sworn to and subscribed before me, this 27th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

GEORGIA LAWS 1980 SESSION

4467

APPLING COUNTY - MEETINGS OF BOARD OF COMMISSIONERS.
No. 1367 (House Bill No. 1901).
AN ACT
To amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092), so as to authorize the board of commissioners to conduct meetings and business at the County office building complex; to provide conditions for the effectiveness of this Act and for an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092), is hereby amended by striking from Section 7 thereof the following:
"Be it further enacted that regular meetings of the Board shall be held at the courthouse of Appling County on the first Tuesday in each month.",
and inserting in lieu thereof the following:
"Regular meetings shall be held on the first Tuesday in each month. Regular and special meetings and official and other business of the board may be conducted at the county office building complex located immediately behind the City of Baxley city hall."
to that when so amended said Section 7 shall read as follows:
"Section 7. Regular meetings shall be held on the first Tuesday in each month. Regular and special meetings and official and other business of the board may be conducted at the county office building complex located immediately behind the City of Baxley city hall. Special meetings may be held at the call of the chairman, who

4468 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board. Provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meeting and assenting thereto, or in event any one or more commissioners assent, their waiver of such notice in writing. Notations of assent and waivers to be spread upon minutes of such meeting."
Section 2. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide by local law that the board of commissioners of Appling County may conduct official and other business at sites other than the Appling County Courthouse but within the corporate limits of Baxley, Georgia, is ratified at the 1980 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1981.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at a regular 1980 session of the General Assembly of Georgia a bill to amend an 4ct creating the Board of Commissioners of Appling County, Approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 2092); and for other purposes.
This 4th day of February, 1980.
Appling County Board of Commissioners John R. Windham, Clerk

GEORGIA LAWS 1980 SESSION

4469

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lunsford Moody who, on oath, deposes and says that he/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 7, 14, 21, 1980.

Is! . Lunsford Moody Representative, 138th District

Sworn to and subscribed before me, this 27th day of February, 1980.

1/s/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. M 1981. (Seal).

Approved April 1, 1980.

POLK COUNTY CORONER'S COMPENSATION, DEPUTY CORONER, ETC.
No. 1368 (House Bill No. 1904). AN ACT
To amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. Laws 1958, p. 2656), as

4470 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3082), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3198), so as to change the salary of the coroner of Polk County; to authorize the coroner to employ an assistant who shall be paid out of the salary received by the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. Laws 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3082), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3198), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. The coroner of Polk County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in an amount of $300.00 per month, payable in monthly installments from the funds of Polk County. The coroner is hereby authorized to employ an assistant, who shall be paid out of the salary received by the coroner, to assist him in the performance of the official duties of his office. Said sum shall be in lieu of all fees, costs, percentages, allowances, and any other perquisites of whatever kind as are now or may hereafter be provided by law to be received by the coroner. All fees and any other moneys shall henceforth be collected by the coroner for the benefit of Polk County and shall be the property of Polk County and shall be turned over by the coroner to the fiscal authority of Polk County. The coroner shall, when turning over such funds to the county, accompany same with an itemized staterhent as to the sources from which such funds were collected."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

4471

Notice of Intention to Introduce Local Legislation.

Notice is hereby given that there will be introduced at the regular 1980 Session of the General Assembly of Georgia, a bill to amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. L. 1964 p. 3082), and as
further amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3198), so as to change the salary of the coroner of Polk County; to authorize the coroner to employ help to assist him in the performance of his duties; to provide for the payment thereof out of the salary paid to the coroner; and for other purposes.

O. Lynn Gammage

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce
Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 31, February 5, 12, 1980.

Is/1' Lynn Gammage Representative,
17th District

4472 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 27th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).,,
Approved April 1, 1980.
POLK COUNTY -- SMALL CLAIMS COURT CREATED.
No. 1369 (House Bill No. 1906).
AN ACT
To create and establish a Small Claims Court in and for Polk County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the

GEORGIA LAWS 1980 SESSION

4473

proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. There is hereby created and established a Small Claims Court in and for Polk County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $ 1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia.
Section 2. (a) Anyi(person appointed as a judge of the Small Claims Court created by this Act must be a resident of Polk County, be at least twenty-five years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity.
(b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.
Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Polk County or, if said judge fails to serve, any judge of a State Court located in said county shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act.
Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk. Said clerk shall be compensated, if at all, from the fees herein authorized.
Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. 140--2

4474 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action.
(b) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose.
(c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked "refused", giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant.
(d) When served by a private individual, as provided above, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant.
(e) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $5.00. The cost of service shall

GEORGIA LAWS 1980 SESSION

4475

be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs.
(f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount.
(g) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service.
Section 7. A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.
Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court a sum, in accordance with the schedule hereinafter set forth, which shall cover all costs of the proceedings up to and including the rendering of the judgment, except the cost of serving process or notice to the defendants. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion.
The sum to be deposited by the plaintiff with the court when the amount of the claim is $500 or less shall be $ 10. When the amount of the claim is more than $500, but less than $1,001, the amount of the deposit shall be $15. When the amount of the claim is more than $ 1,001, but less than $ 1,500, the amount of the deposit shall be $20.
(b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $7.50 for every such claim case.

4476 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury.
Section 9. (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits.
(b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice.
(c) If the plaintiff, without good cause, fails to appear, the suit shall be dismissed for want of prosecution. If both parties fail to appear, the judge shall order the same dismissed for want of prosecution.
Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff.
Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied.
Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby.

GEORGIA LAWS 1980 SESSION

4477

Section 13. The judge of the Superior Court of Polk County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof.
Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as "Small Claims Court Bailiff" and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court.
Section 15. A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county.
Section 16. Appeals may be had from judgments returned in the Small Claims Court to the Superior Court of Polk County, Georgia, by applying for and obtaining a writ of certiorari as is provided for in Code Sections 19-203 to 19-216, inclusive, Code of Georgia, and any Act amendatory thereof except as hereinafter modified. The petition for issuance of a writ of certiorari to the Superior Court of Polk County, Georgia, must be filed in said county within five days

4478 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
after the judgment complained of is pronounced and all costs of the case must first be paid and bond and security given to answer the final judgment rendered in the case, such bond and security to be approved by the judge of the Small Claims Court.
Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law:
"Small Claims Court of Polk County v' y.J' '. Georgia
Plaintiff
Address
Defendant
Statement of Claim (Here the plaintiff or, at his request, the court will insert a statement of the plaintiff's claim and, if the action is on a contract, either express or implied, the original statement of the plaintiff's claim which is to be filed with the court may be verified by the plaintiff or his agent as follows:)
State of Georgia County of
., being first duly sworn on oath, says the foregoing

GEORGIA LAWS 1980 SESSION

4479

is a just and true statement of the amount owing by defendant to plaintiff, exclusive of all setoffs and just grounds of defense.

Sworn and subscribed before me

this

day of

, 19.

Plaintiff (or Agent)

Notary Public (or Attesting Official)
TO:

Notice. Defendant

Home Address or

Business Address

You are hereby notified that

has made a claim

and is requesting judgment against you in the sum of

$

, as shown by the foregoing statement. The court

will hold a hearing upon this claim on

at

.m. at (address of court).

You are required to be present at the hearing in order to avoid a judgment by default against you.
If you have witnesses, books, receipts or other writings bearing on this claim, you should bring them with you at the time of hearing.

4480 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

If you wish to have witnesses summoned, see the court at once for assistance.
If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court.
You may come with or without an attorney.

(Seal) "

Judge-Clerk of the Small Claims Court of Polk County

Section 18. On or before July 1, 1980, the Board of County Commissioners of Polk County shall appoint a duly qualified person to serve as the judge of said court for a term of office expiring December 31, 1980, or until his successor is duly appointed and qualified. The successor to the initial judge shall be appointed by the said board of commissioners at its first regular meeting in January, 1981, for a term of office of two years and until his successor is duly appointed and qualified. Thereafter, successors shall be appointed by the said board of commissioners at its first regular meeting in january following the expiration of a judge's term of office for terms of office of two years and until their respective successors are duly appointed and qualified. In the event of a vacancy for any reason the board of commissioners shall appoint a person to serve as judge for the remainder of the unexpired term.

Section 19. The Board of County Commissioners of Polk County, at its discretion, shall furnish all office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court. They shall also provide a suitable room in the courthouse for the holding of said court.

Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer

GEORGIA LAWS 1980 SESSION

4481

as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.
Section 21. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment.
Section 22. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes.
Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars.
Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 25. All laws and parts of laws in conflict with this Act are hereby repealed.

4482 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill creating the Small Claims Court of Polk County; to provide for other matters relating to the Small Claims Court of Polk County, and for other purposes.
This 11th day of January, 1980.
Lynn Gammage Representative, 17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 17, 24, 31, 1980.
Isl Lynn Gammage Representative, 17 th District

GEORGIA LAWS 1980 SESSION

4483

Sworn to and subscribed before me, this 27th day of February, 1980.
Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.

CITY OF ROCKMART - CHARTER AMENDED.
No. 1370 (House Bill No. 1907).
AN ACT
To amend an Act reincorporating the City of Rockmart, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, so as to change certain provisions relating to ad valorem taxation, special assessments, and elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. An Act reincorporating the City of Rockmart, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, is hereby amended by striking Section 4.12 and inserting in lieu thereof a new Section 4.12 to read as follows:
"Section 4.12. Millage Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Interest after Execution, (a) The millage rate, due date, and delinquency date of property taxes shall be set by the Mayor and Council of the City of Rockmart each year within thirty

4484 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(30) days after the Tax Digest, upon which the City's taxes are based, is made available. The City shall send a tax bill to the taxpayers showing the due date, the assessed valuations, the amount of taxes due, and information as to delinquency date(s) and future interest. Failure to send tax bills shall not, however, invalidate any tax.
(b) All executions issued for taxes due to the City of Rockmart shall bear interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. On and after the date when such taxes become delinquent, the tax records of the City shall have the force and effect of a judgment of a court of records."
Section 2. Said Act is further amended by striking Section 4.15 and inserting in lieu thereof a new Section 4.15 to read as follows:
"Section 4.15. Special Assessments, Interest after Execution. The City may assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, 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 thirty (30) days after their due dates, shall thereupon be subject, in addition to fi. fa. charges to interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. A lien shall exist against the abutting properties 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 provided in this Article for City property taxes."
Section 3. Said Act is further amended by striking in its entirety Section 5.03 and inserting in lieu thereof a new Section 5.03 to read as follows:
"Section 5.03. Qualification of Candidates, Qualification Fees, (a) Any person desiring to become a candidate in any regular or special election, shall file written notice of his/her candidacy with the City Clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election.

GEORGIA LAWS 1980 SESSION

4485

(b) The Mayor and Council, at least two (2) weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. In no event shall such fee exceed 3 percent (3%) of the income derived from such office by the person holding the office for the preceding year."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Introduction of Local Legislation.
Notice is hereby given that there will be introduced at the 1980 Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars:
(1) To amend Section 4.12 of Article IV of the Charter in the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and provisions of said Section in their entirety as written and by inserting in lieu thereof the following:
Section 4.12 Millage Rates, Tax Due Dates, Tax Delinquency Dates, Tax Bills, Interest after Execution.
(a) The millage rate, due date, and delinquency date of property taxes shall be set by the Mayor and Council of the City of Rockmart each year within thirty (30) days after the Tax Digest, upon which the City's taxes are based, is made available. The City shall send a tax bill to the taxpayers showing the due date, the assessed valuations, the amount of taxes due, and information as to delinquency date(s) and future interest. Failure to send tax bills shall not, however, invalidate any tax.
(b) All executions issued for taxes due to the City of Rocknart shall bear interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. On and after

4486 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the date when such taxes become delinquent, the tax records of the City shall have the force and effect of a judgment of a court of records.
(2) To amend Section 4.15 of Article IV of the Charter of the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and the provisions of said Section in their entirety as written and by inserting in lieu thereof the following:
Section 4.15 Special Assessments, Interest after Execution.
The City may assess all or part of the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curving, 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 thirty (30) days after their due dates, shall thereupon be subject, in addition to fi fa charges to interest at the rate of 9 percent (9%) per annum from the time fixed by law for issuing the execution until paid. A lien shall exist against the abutting properties 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 provided in this Article for City property taxes.
(3) To amend Section 5.03 of Article V of the Charter of the Code of Ordinances of the City of Rockmart, Georgia, by deleting both the title and the provisions of said Section in their entirety as written and by inserting in lieu thereof the following:
Section 5.03 Qualification of Candidates, Qualification Fees.
(a) Any person desiring to become a candidate in any regular or special election, shall file written notice of his/her candidacy with the City Clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election.
(b) The Mayor and Council, at least two (2) weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, if any, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent at the time a candidate files his notice of candidacy. In no event shall such fee exceed 3 percent (3%) of the income derived from such office by the

GEORGIA LAWS 1980 SESSION

4487

person holding the office for the preceding year. Ga. Laws 1978, pp. 1025, 1028; Ga. Code Ann., S34A-904.
Except as so amended, all other provisions of Article IV and Article V of the Charter of the Code of Ordinances of the City of Rockmart shall remain in full force and effect.
Copies of the Proposed Amendments are on file with the Office of the Clerk of the City of Rockmart, Georgia, for the purpose of examination and inspection by the public during normal daily business hours.

January 29, 1980.
George H. Scott, Mayor City of Rockmart

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates; January 31, February 7, 14, 1980.

/sf Lynn Gammage
Representative, 17 th District

4488 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 28th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 1, 1980.
COUNTY BUILDING AUTHORITY ACT FOR CERTAIN COUNTIES (550,000 OR MORE).
No. 1373 (House Bill No. 1552).
AN ACT
To create County Building Authorities in certain counties; to provide a short title for this Act; to provide for the creation of County Building Authorities as instrumentalities of the State, and to provide for powers and composition; to provide for the definition of terms; to provide for additional powers; to provide for the issuance of Revenue Bonds by the Authorities; to provide for the form of such bonds, the negotiability and the exemption from taxation of such bonds; to provide for the use of the bond proceeds; to provide for condition precedent prior to the issuance of such bonds; to provide that such bonds shall be limited obligations; to provide for trust indenture; to provide for sinking funds; to provide for remedies of bond holders; to provide for refunding bonds; to provide for the legality of such bonds as investments; to provide for the exemption of property of the authorities from taxation; to provide for venue and jurisdiction of actions against the authority; To provide for validation of bonds; to provide for revenue and earning of the

GEORGIA LAWS 1980 SESSION

4489

Authorities; to provide for the operation of projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:

Section b This Act shall be known as and may be referred to as the "County Building Authorities Act", and shall be applicable to all counties of this state having a population of 550,000 or more according to the 1970 U. S. Census Or any such future census.
Section 2. There is hereby created in each county in which this Act is applicable a body corporate and politic to be known as the County Building Authority of such county which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title, said 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 consist of the Chairman of the Board of Commissioners, the County Manager, and the Director of Finance of such county or, in the event that such offices shall not exist in such county, the elected official who shall be the sole executive authority or the Chairman of the Board of Commissioners, the nonelected official who shall be the chief administrative officer of such county, and the individual who shall be or perform the functions of the County Treasurer. Immediately upon the passage and approval of this Act, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as chairman and shall elect a secretary and treasurer who need not necessarily be a member of the Authority. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the Authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.
Section 3. Definitions--As used in this Act the following words and terms shall have the following meanings:

4490 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(a) The word "Authority" or "authority" shall mean the County Building Authority , or Authorities created by this Act, even though such word is used in the singular. Said Authority shall be known as the "Building Authority of -- County".
(b) "County" shall mean each county in which a Building Authority is or may be created by this Act.
(c) The word "project" shall be deemed to mean and include one or a combination of two or more of the following:
Building and facilities intended for use as offices and related uses, and all structures, electric,,^as, steam and water utilities, and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the county, the State of Georgia, or any municipal corporation in whole or in part in the county, or any governmental agency operating in the county which the county may be required by law to support financially.
(d) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights and easement 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 determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of 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 revenue bonds issued under the provisions of this Act for such project.
(e) "Bonds" or "revenue bonds" as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds.

GEORGIA LAWS 1980 SESSION

4491

(f) Any project or combination of projects shall be deemed "selfliquidating" if, in the judgment of the Authority, the revenues to be derived by the Authority from rentals of said project or projects will be sufficient to pay the cost of maintaining , repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects.
Section 4. Powers--The Authority shall have the powers:
(1) To have a seal and alter the same at pleasure;
(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
(3) To acquire in its own name by gift or purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; and no property shall be acquired under provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; and, if the Authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is hereby authorized to execute for and on behalf of the State a lease upon such lands to the Authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; 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 of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority; '
(4) To appoint and select officers, agents and employees; including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation;

4492 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) To make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with resspect to the use of projects which it causes to be erected or acquired, and any and all political subdivisions, municipal corporations, departments, institutions or agencies of the State or any other governmental agency which the County may be required by law to support financially, are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to any such lessee to enter into contracts and lease agreements for the use of any structure, building or facilities or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding 50 years, and any such lessee may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself, as part of the lease contract, to pay the cost of maintaining, repairing and operating the property so leased from the Authority;
(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, to be located on property owned by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof;
(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose;
(8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State; and,

GEORGIA LAWS 1980 SESSION

4493

(10) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby authorized to provide by resolution for the issuance of negotiable revenue bonds, in an amount not to exceed $50,000,000.00 for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at the lowest obtainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.
Section 6. 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 without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
Section 7. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority, and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority, and any coupons attached thereto shall bear the signature or facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper

4494 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 8. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents or negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State.
Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.
Section 10. The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be , disbursed upon requisition or order of the chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.
Section 11. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
Section 12. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

GEORGIA LAWS 1980 SESSION

4495

Section 13. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, projects at any one institution or any number of institutions. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
Section 14. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, nor of any political subdivision thereof nor of any municipal corporation thereof, or a pledge of the faith and credit of the State, nor of any political subdivision thereof nor of any municipal corporation thereof, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the State, nor any political subdivision or municipal corporation thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section: Provided, however, such funds may be received from appropriations or from any other source as hereby declared to be available and may be used by any department, board, commission or agency for the performance of any lease contract entered into by said board.
Section 15. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign rents, revenue and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of the law, including covenants setting forth the duties of the Authority in relation to the acquisition

4496 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or desr ignated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may, Set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 16. The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 17. The revenues, rents, and earnings derived from any particular project or combined project, or any and all funds from any source received by any department, board, commission or agency entering into a lease agreement with the Authority, and pledged and allocated by it to the Authority as security for the performance or any lease or leases, or any and all revenues, rents and earnings received by the Authority, regardless or whether or not such rents, 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

GEORGIA LAWS 1980 SESSION

4497

payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources,jishall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges* of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
Section 18. Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act, or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the lessee and, in the pursuit of its remedies as subrogee, may proceed, either at law or in equity, by suit, action,

4498 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of any lessee to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of any lessee, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon the property of any lessee: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph 1(a) [Const. 1945, Section 2-5901(a)] of the Constitution of the State of Georgia, and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations.
Section 19. The Authority is authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provision of this Act insofar as the same may be applicable.
Section 20. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds

GEORGIA LAWS 1980 SESSION

4499

are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.
Section 21. It is hereby found, determined and declared, that the creation of the Authority, and the carrying out of its corporate purpose, is in all respect for the benefit of the people of this State, and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it, or under its jurisdiction, control, possession or supervision, or upon its activities in the operation or maintenance of the buildings erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State.
Section 22. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the superior court of the County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 23. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law (Chapter 87-8). The petition for validation shall also make party defendant to such action any authority, subdivision, instrumentality, agency, or municipal corporation of the State of Georgia, or any other lessee which has contracted with the County Building Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated, and such authority, subdivision, instrumentality or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation,

4500 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be final and conclusive with respect to such bonds, and against the Authority issuing the same, and any authority, subdivision, instrumentality, agency, municipal corporation or other lessee contracting with the County Building Authority.
Section 24. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of any department, board, commission or agency of the State, or any political subdivision or municipal corporation thereof, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State, any political subdivision or municipal corporation, itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, political subdivisions and municipal corporations thereof, the Authority and the holders of any such bonds, and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 25. The Authority, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of revenues, rents, and earnings derived under the provisions of this Act, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made.
Section 26. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
Section 27. The Authority is hereby authorized to fix rentals and other charges, which any department, board, commission, or agency of the State of Georgia, governmental subdivisions or municipal corporations thereof, or other persons, firms, or corporations,

GEORGIA LAWS 1980 SESSION

4501

shall pay to the Authority for the use of each project, or part thereof or combination of projects, and to charge and collect the same and to lease and make contracts with any lessee with respect to the use by an institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is used as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due.
The rentals contracted to be paid by the lessees to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the lessees for the payment of which the good faith of the lessees is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State, or any department, agency, or institution, political subdivision or municipal corporation, of the State, to see to the punctual payment of all such rentals.
In the event of any failure or refusal on the part of lessees punctually tf> perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action.
The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority.
Section 28. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the provisions of this Act, including rules and regulations to insure maximum use or occupancy of each such project.

4502 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 29. This Act, being for the welfare of the State, the county thereof, and their inhabitants, shall be liberally construed to effect the purposes hereof.
Section 30. This Act shall be applicable only in those counties of this State having a population of 550,000 according to the 1970 U. S. Census or any future such census. If any authority created hereby shall issue any revenue bonds, such authority shall continue in existence regardless of the population of the county in which it is located, until such bonds shall be satisfied in full.
Section 31. This Act shall become effective when it is approved by the Governor, or otherwise becomes the law.
Section 32. All laws or parts of laws in conflict with this Act are hereby repealed.
Approved April 2, 1980.
WAYCROSS PUBLIC FACILITIES AUTHORITY ACT.
No. 1374 (House Bill No. 1631).
AN ACT
To create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Waycross Public Facilities Authority; to authorize the authority to acquire, construct, equip, maintain, and operate self-liquidating projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions; to authorize the City of Waycross to lease or sell lands and buildings to the authority; to provide for the appointment of the members of the authority; to define certain words and terms; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority and the City of Waycross to enter into contracts and leases pertaining to the use of such facilities, which contracts and

GEORGIA LAWS 1980 SESSION

4503

leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of the City of Waycross within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I, shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other funds of the authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the authority exempt from taxation; to provide the right and power for the authority to condemn property of every kind and character; to authorize the issuance of revenue-refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this Act; to exempt the property and income of the authority from taxation; to provide for the authority immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that this Act shall be liberally construed; to provide an effective date; to define the scope of the authority's operations; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia;
Section 1. Waycross Public Facilities Authority created. There is hereby created a public body corporate and politic to be known as the Waycross Public Facilities Authority, herein called the authority, which shall be an instrumentality and a public corporation of the State of Georgia, the purposes of which shall be to acquire, construct, and equip self-liquidating projects, including buildings and facilities for use by the City of Waycross for its governmental, proprietary, and administrative functions and the City of Waycross is hereby granted the right and power by proper resolution of its governing body to sell or lease to the authority lands and buildings owned by it. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from the provisions of Chapter 87-

4504 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1A, the "Georgia State Financing and Investment Commission Act," codified in Ga. Code Ann., Ch. 87-1A. The authority shall have its principal office in Ware County, and its legal situs or residence for the purpose of this chapter shall be Ware County.
Section 2. Membership. The authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the city commission of the City of Waycross. The members of said city commission shall be eligible to be elected to and to serve on the authority. The members of the authority shall hold office for terms of four years and until their successors shall be elected; provided, however, that of the original members elected to the authority, three shall be elected for terms of one year each and two shall be elected for terms of three years. Upon the expiration of each of such initial terms, the successors shall be elected for terms of four years. Any vacancy on the authority shall be filled for the unexpired term by the city commission. Immediately after their election, the members of the authority shall enter upon their duties. The authority shall elect one of its members as chairman and one as vice-chairman. The secretary-treasurer of the authority shall be the city manager of the City of Waycross, who shall not be a member of the authority. Three members of the authority shall constitute a quorum and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The members of the authority shall receive no compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and shall have perpetual existence.
Section 3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) The word "authority" shall mean the Waycross Public Facilities Authority created hereby.
(2) The word "project" shall mean and include real and personal property acquired or held by the authority for one or a

GEORGIA LAWS 1980 SESSION

4505

combination of two or more of the following undertakings: buildings and facilities intended for use as a city hall, jail, police department, fire department, ^administrative offices, governmental offices, proprietary and utility offices, stadia and sports and recreation facilities, parking facilities, and facilities for fairs and exhibitions and all buildings and facilities of every kind and character determined by the authority to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Waycross in the performance of its governmental, proprietary, and administrative functions.
(3) The term "cost of project" shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation.
(4) The term "revenue bonds" shall mean revenue bonds issued under the provisions of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this Act. The obligations authorized hereby may be issued by the authority in the manner authorized under the Revenue Bond Law.
Section 4. Powers. The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, but without limiting the generality of the foregoing, the power:
(1) to sue and be sued;
(2) to adopt and alter a corporate seal;
(3) to make and execute with public and private persons 141--a2nd corporations contracts, leases, rental agreements, and other

4506 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, and leasing of its projects for the use of the City of Waycross; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Waycross to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and the City of Waycross may enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years upon a majority vote of its governing body and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the authority; and the sums agreed to be paid under the provisions of such lease contracts or related agreements may be pledged or assigned to secure the payment of revenue bonds issued hereunder;
(4) to acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of the Special Masters Act of 1957, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. The authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided therefor and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired as provided herein upon which any lien or

GEORGIA LAWS 1980 SESSION

4507

other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the amount of such lien or encumbrance. If the authority shall deem it expedient to construct any project on lands which are subject to the control of the City of Way cross, the governing authority of the City of Waycross is hereby authorized to convey such lands to the authority for such consideration, not exceeding reasonable value, as may be agreed upon by the authority, as grantee, and by such governing body, on behalf of the City of Waycross, as grantor, taking into consideration the public benefit to be derived from such conveyance;
(5) to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired;
(6) to pledge or assign any revenues, income, rent, charges, and fees received by the authority;
' (7) to appoint and select, agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties;
(8) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the authority or from any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America, and any other contribution, all of which the authority is hereby authorized to receive, accept, and use and to prescribe rules and regulations for the operation of and to exercise police powers over the project or projects managed or operated by the authority;
(9) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality of either thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose;

4508 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) (A) to borrow money for any of its corporate purposes and (B) to issue revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof;
(11) to exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and
(12) pursuant to proper resolution of the authority to issue revenue bonds payable from the rents and revenues of the authority and its projects, to provide funds for carrying out the purposes of the authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia (Ga. Laws 1937, p. 761), as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the "Signatures on Public Securities Act" (Ga. Laws 1958, p. 689), codified in Ga. Code Ann., Section 87-119; and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.

GEORGIA LAWS 1980 SESSION

4509

Section 5. Credit not pledged and debt not created by bonds. Revenue bonds issued under the provisions thereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or the City of Waycross; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds; and the issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said city to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said municipality may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Article IX, Section VII, Paragraph I; and, when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.
Section 6. Trust agreement. In the discretion of the authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or

4510 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.
Section 7. Refunding bonds. The authority is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.
Section 8. Venue of actions, jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Ware County, Georgia; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 9. Revenue bond validation. The petition for validation of all bonds of the authority shall be brought against the authority and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants,

GEORGIA LAWS 1980 SESSION

4511

and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Ware County in which court such validation proceedings shall be initiated.
Section 10. Interest of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds; and no other entity, department, agency, or authority shall be created which will compete with the authority so as to affect adversely the interest and rights of the holders of such bonds nor will the state itself so compete with the authority. The provisions hereof shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 11. Revenues, earnings, rents, and charges; use. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority;
. (1) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for;

4512 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) to pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;
(3) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds;
(4) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;
(5) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;
(6) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.
(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable.
(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction.
(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at

GEORGIA LAWS 1980 SESSION

4513

the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises.
(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees.
(f) The authority shall be permitted to assign any rental payable to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds.
(g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.
Section 12. Sinking fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase; and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issu-

4514 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ance of the bonds or in the trust instrument securing the payment of the same.
Section 13. Exemption from taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental 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 supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by or for the use of the authority.
Section 14. Immunity from tort actions. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority when in performance of work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.
Section 15. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process.
Section 16. Trust funds. All funds received pursuant to authority hereof, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein; and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.
Section 17. Construction. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes.

GEORGIA LAWS 1980 SESSION

4515

Section 18. Effective date. This Act shall be effective on the date on which it is signed by the Governor or on the date on which it becomes law without his signature.
Section 19. Scope of operations. The scope of the authority's operation shall be limited to the territory embraced within the corporate limits of the City of Waycross as the same now or may hereafter exist.
Section 20. Conveyance of property upon dissolution. Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to the City of Waycross; or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.
Section 21. Effect of partial invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
Section 22. Repealer. All laws and parts of law in conflict herewith are hereby repealed.

Notice of Intention to Apply For Local Legislation.
Notice is hereby given of intention to apply to the regular 1980 session of the General Assembly of Georgia for passage of a local bill to create and establish the Waycross Public Facilities Authority; and for other purposes.

4516 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 18th day of January, 1980.
Bryant Clarke Mayor, City of Waycross
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he/she is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County, on the following dates: January 19, 26, 1980, February 2, 1980.
Is/ Harry D. Dixon Representative, 151st District
Sworn to and subscribed before me, this 5th day of February, 1980.
1st Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 2, 1980.

GEORGIA LAWS 1980 SESSION

4517

STATE COURT OF GLYNN COUNTY - SALARIES.
No. 1375 (House Bill No. 1861).
AN ACT
To amend an Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. Laws 1943, p. 702), as amended, so as to change provisions relating to compensation of certain officers and personnel of said court; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act creating the State Court of Glynn County, approved March 4, 1943 (Ga. Laws 1943, p. 702)' as amended, is hereby amended by adding at the end of Section 7 the following:
"Effective July 1, 1980, the actual salary and the maximum salary of said solicitor shall be increased by seven percent above said amounts.",
so that when so amended Section 7 shall read as follows:
"Section 7. The said solicitor shall receive a salary in an amount not to exceed $14,000.00 per annum, the exact amount of which shall be fixed by the governing authority of Glynn County and paid in equal monthly installments out of the treasury of Glynn County. Effective July 1, 1980, the actual salary and the maximum salary of said solicitor shall be increased by seven percent above said amounts."
Section 2. Said Act is further amended by designating the existing text of subsection (a) of Section 11 as paragraph (1) and adding a new paragraph (2) to read as follows:
"(2) Effective July 1, 1980, the actual salary and the maximum salary of said clerk and deputy clerks shall be increased by five percent above said amounts.",
so that when so amended said subsection shall read as follows:

4518 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(a) (1) The clerk of said court shall be paid a salary in the amount of $ 15,500.00 per annum. The governing authority of Glynn County may increase the salary of the clerk of said court by an amount not to exceed seven percent of his annual salary of $15,500.00 at any time on and after July 1, 1979. The chief deputy clerk shall be paid a salary of not less than $8,400.00 nor more than $10,500.00 per annum, and each deputy clerk shall be paid a salary of not less than $6,000.00 nor more than $9,600.00 per annum. There shall be a chief deputy clerk and five (5) deputy clerks. The exact amount of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court. The chief deputy and other deputy clerks shall be appointed only by the clerk of said court. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County.
(2) Effective July 1, 1980, the actual salary and the maximum salary of said clerk and deputy clerks shall be increased by five percent above said amounts."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to amend an. Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702); as amended; to repeal conflicting laws; and for other purposes.
This 28th day of January, 1980.
James R. Tuten, Jr. Representative, 153rd District Dean Auten Representative, 154th District

GEORGIA LAWS 1980 SESSION

4519

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dean G. Auten who, on oath, deposes and says that he/she is Representative from the 154th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: January 29, February 5, 12, 1980.

Isl Dean G. Auten Representative, 154th District

Sworn to and subscribed before me, this 19th day of February, 1980.

/s/js Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 2, 1980.

4520 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TIFT COUNTY TRADE CENTER AUTHORITY ACT.
No. 1376 (House Bill No. 1868).
AN ACT
To create the Tift County Trade Center Authority and to authorize such Authority to acquire, construct, equip, maintain and operate a Trade Center and the usual facilities related thereto, parking facilities and areas in connection therewith, recreation centers and areas, including but not limited to, gymnasium facilities to be used for athletic, agricultural, cultural and for other purposes, and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell or operate any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their terms of office and compensation; to authorize the Authority to contract with other pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the authority, including but not limited to, earnings derived from contracts, leases, concessions and income from conveyances of real and personal property of the Authority, to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of resolutions and security instruments to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the Authority and the interest thereon exempt from taxation; to authorize the issuance of refunding bonds or obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such on bonds or obligations be validated as provided by law; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this act; and for other purposes.

GEORGIA LAWS 1980 SESSION

4521

Be it enacted by the General Assembly of Georgia:
Section 1. Short Title - This may be cited as the"Tift County Trade Center Authority Act."
Section 2. Tift County Trade Center Authority - (a) There is hereby created a body corporate and politic to be known as the Tift County Trade Center Authority, and which shall be deemed to be political subdivision of the State of Georgia and a public corporation and by the name style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of ten (10) members, to be appointed by the City Commission of Tifton and the Board of Commissioners of Tift County, Georgia; for terms as follows: two (2) members shall be appointed for terms of one (1) year; two (2) members shall be appointed for terms of two (2) years; two (2) members shall be appointed for terms of three (3) years; two (2) members shall be appointed for terms of four (4) years; and two (2) members shall be appointed for terms of five (5) years; and thereafter, upon the expiration of such terms, successors shall be appointed for a term of five (5) years. The Board of Commissioners of Tift County, Georgia, shall appoint five (5) members of the Authority whose initial appointment shall be for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, and their successors; and the remaining five (5) members and their successors shall be appointed by the City Commission of Tifton in the same manner as those appointed by the Board of Commissioners of Tift County. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them.
(b) Immediately after their appointment, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority.
(c) The chairman and vice chairman, secretary and treasurer shall serve for a period of one (1) year and until their successors are appointed and qualified. Six (6) members of the Authority shall constitute a quorum.

4522 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed such members shall appoint a person meeting the qualifications set out for membership to serve the remainder of the term of such member.
(e) No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority.
(f) The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution or question.
(g) The members of the Authority shall serve without compensation; provided, however, that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.
Section 3. Definitions - As used in this Act, the following words or terms shall have the following meanings:
(a) The word "Authority" shall mean the Tift County Trade Center Authority created by this Act.
(b) The word "Project" shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of multi-use trade center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal,

GEORGIA LAWS 1980 SESSION

4523

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 private so as to assure the efficient and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. The Authority shall have the right to acquire and construct more than one Project and any combination of facilities may be constructed as a separate Project.
(c) The term "Cost of the Project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one (1) 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 herein authorized, 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 as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project.
(d) The term "Revenue Bonds",'"Bonds" and "Obligations" as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law of Georgia (Ga. L. 1957, p. 36), amending the law formerly known as the "Revenue Certificate Law of 1937" (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act.
(e) Any project shall be deemed "self-liquidating" if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

4524 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 4. Powers - The Authority shall have powers:

(a) To have a seal and alter the same at its pleasure;

(b) To accept gifts, grants and donations;

(c) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes;

(d)

: To acquire in its own name b

conditions and in such manner as it may deem proper, or by con-

demnation in accordance with the provisions of any and all existing

laws applicable to the condemnation of property for public use, real

property, or rights of easements therein, or franchises necessary or

convenient for its corporate purposes, and to use the name so long

as its corporate existence shall continue and to lease or make con-

tracts with respect to the use of or dispose of the same in any

manner it deems to the best advantage of the Authority, the Author-

ity being under no obligation to accept and pay for any property

condemned under this Act except from the funds provided under the

authority of this Act, and in any proceedings to condemn, such

orders may be made by the court having jurisdiction of the suit,

action or proceedings as may be just to the Authority and to the

owners of the property to be condemned, and no property shall be

acquired under the provisions of this Act upon which any lien or

encumbrance exists, unless at the time such property is so acquired

a sufficient sum of money be deposited in trust to pay and redeem

the fair value 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 of Georgia, the Governor

is hereby authorized to convey, for and on behalf of the State, title

to such lands to the Authority upon payment of the director, fiscal

division, Department of Administrative Services for the credit of the

general fund of the State, the reasonable value of such lands, such

value to be determined by three appraisers to be agreed upon by the

Governor and the chairman of the Authority;

(e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

GEORGIA LAWS 1980 SESSION

4525

(f) To make contracts and leases, and to execute all instruments necessary or convenient, with any and all persons, firms and corporations and any city, town, municipality, consolidated government, county or other political subdivision, 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 government, county or other political subdivision, department, institution or agency of this State is hereby authorized to enter into
contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and any such Project shall be for the development and promotion in this State of the cultural growth, public welfare, education and recreation of the people of this State and accordingly all such Projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right and power is hereby specifically granted to any such city, town, municipality, county or consolidated government to
enter into and make contracts, lease agreements and other undertakings with the Authority with respect to the furnishing of services and facilities by the Authority and for the payments of rents, fees and charges for the use by such cities, towns, municipalities or consolidated governments or the residents thereof of any Project; and the rentals contracted to be paid by the lessees or tenants to the Authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such city, town, municipality, county or consolidated government for the payment of which the full faith and credit of such city, town, municipality, county or consolidated government shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such city, town, municipality, county or consolidated government which
shall have entered into such a contract or lease pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so

4526 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
appropriated, and such sums shall be and hereby are unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such city, town, municipality, county or consolidated government. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, county or consolidated government are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropriation in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting city, town, municipality, county or consolidated government had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, county or consolidated government may obligate itself and its successors under any such contract or lease to use only such structures, buildings or facilities constituting such Project and none other;
(g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof;
(h) To accept loans and/or grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
(i) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

GEORGIA LAWS 1980 SESSION

4527

(j) To establish charges, rates and regulations for users of the facilities and services of the Authority;
(k) To do all things which municipalities are empowered to do under the provisions of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, subject to any limitations herein contained; and
(l) To do all things necessary or convenient to carry out the powers expressly given in this Act.
Section 5. Revenue Bonds - The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds.
Section 6. Same; Form Denominations; Registration; Place of Payment - The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest.

4528 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 7. Same; Signatures; Seal - In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
Section 8. Same; Negotiability; Exemption from Taxation - All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
Section 9. Same; Sale; Price - The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority.
Section 10. Same; Proceeds of Bonds - The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, hereinafter provided, for the payment of principal and interest of such bonds.

GEORGIA LAWS 1980 SESSION

4529

Section 11. Same; Interim Receipts and Certificates or Temporary Bonds - Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
Section 12. Same; Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.
Section 13. Conditions Precedent to Issuance; Object of Issuance - Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
Section 14. Credit Not Pledged - Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or the County of Tift or a pledge of the faith and credit of said State or County but such bonds shall be payable solely from the funds hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently, obligate the said State or County to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section.
Section 15. Same; Trust Indenture as Security - In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and

4530 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.
Section 16. Same; To Whom Proceeds of Bonds Shall Be Paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person, who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide.
Section 17. Same; Sinking Funds - The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issu-

GEORGIA LAWS 1980 SESSION

4531

ance of the bonds or in the trust instrument may provide, and such funds so pledged, for whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise! be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus monies 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 again be issued.
Section 18. Same; Remedies of Bondholders - Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished.
Section 19. Same; Refunding Bonds - The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such funding

4532 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as thfe same may be applicable.
Section 20. Same; Exemption from Taxation; Covenant of State - It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities 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 received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The Authority shall be exempt from sale and use taxes on sales to the Authority when paid for directly by the Authority.
Section 2It Same; Venue and Jurisdiction - Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Tift County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Section 22. Same; Validation - (a) All bonds of the Authority shall be confirmed and validated, in the Tift County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition of validation shall be brought against said Authority and, in the event the payments to be made by any city, town, municipality, county or consolidated government under a contract or lease entered into between the Authority and such political subdivision

GEORGIA LAWS 1980 SESSION

4533

are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or lease or contracts or leases and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or lease or contracts or leases or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Tift County in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or lease or contracts or leases on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within twenty days from the date of the judgment of validation, or if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the Tift County Superior Court so confirming and validating the validity and binding effect of such contract or lease or contracts or leases and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts, leases and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other Act pertaining to such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia.
(b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds or resolution or trust instrument pertinent thereto or any contracts made for the purposes of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing, notice of which shall have been given as provided by law. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolutions, trust instruments, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolutions, trust instruments, or contracts

4534 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing.
Section 23. Same; Interest on Bondholders Protected - While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Section 24. Purpose of the Authority - Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating one or more Projects consisting of multi-use trade center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings; the extension and improvements of such facilities; 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, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings.

GEORGIA LAWS 1980 SESSION

4535

Section 25. Rates, Charges and Revenues; Use - The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities.
Section 26. Rules and Regulations for Operation of Projects - It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act.
Section 27. Tort Immunity - The Authority shall have the same immunity and exemption from liability for torts and negligence as Tift County; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Tift County when in the performance of their public duties or work.
Section 28. Powers Declared Supplemental and Additional The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing.
Section 29. Liberal Construction of Act - This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.

4536 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 30. Severability - In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 31. Effective Date - This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 32. Repealer - All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Apply for Local Legislation.
There will be introduced in the 1980 session of the General Assembly of Georgia a bill to create the Tift County Trade Center Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own own and operate trade facilities, and to do all things necessary or incident thereto; to have all the rights and privileges of corporation generally and to be a body politic; and for other purposes.
January 30, 1980. Charles A. Kent Chairman, Board of Commissioners, of Tift County

GEORGIA LAWS 1980 SESSION

4537

Georgia, Fulton County.

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Monty Veazey who, on oath, deposes and says that he/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: February 2, 9, 16, 1980.

Isl Monty Veazey
Representative, 146th District

Sworn to and subscribed before me, this 20th day of February, 1980.

Isl Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).

Approved April 2, 1980.

CITY OF COMMERCE ENCROACHMENTS ON SIDEWALKS.
No. 1377 (House Bill No. 1888). AN ACT
To amend an Act incorporating the City of Commerce, Georgia, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, so
142--2

4538 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as to authorize the governing authority of the city to grant to the owners of property abutting sidewalks in the city the right to encroach upon the city's sidewalks for a certain distance; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. An Act incorporating the City of Commerce, Georgia, approved August 17, 1909 (Ga. Laws 1909, p. 655), as amended, is hereby amended by adding at the end of Section 57 a new paragraph to read as follows:
"Pursuant to Code Section 69-304, the governing authority of the City of Commerce is hereby authorized to grant to the owners of property abutting sidewalks in the city the right to encroach upon said sidewalks for a distance not to exceed 18 inches.",
so that when so amended Section 57, shall read as follows:
"Sec. 57. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, That the mayor and council of the city of Commerce shall have full power and authority in their discretion to construct sidewalks in said city and to pave the same; to pave sidewalks already constructed; to put down curbing and to otherwise improve the sidewalks now constructed in said city.
Pursuant to Code Section 69-304, the governing authority of the City of Commerce is hereby authorized to grant to the owners of property abutting sidewalks in the city the right to encroach upon said sidewalks for a distance not to exceed 18 inches."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

GEORGIA LAWS 1980 SESSION

4539

Notice of Intention to Introduce Local Legislation.

There will be legislation introduced in the 1980 session of the Georgia General Assembly for the purpose of allowing the City of Commerce, Georgia, to grant the authority to erect or maintain a structure or obstruction in a public street.

G. R. Waters, Mayor City of Commerce, Georgia

Notice of Intention to Introduce Local Legislation.

There will be legislation introduced in the 1980 session of the Georgia General Assembly for the purpose of allowing the City of Commerce, Georgia, to grant the authority to erect or maintain a structure or obstruction in a public street.

G. R. Waters, Mayor City of Commerce,
Georgia

Georgia, Jackson County.

Personally appeared before me, a notary public, within and for the above State and County, Herman Buffington, who on oath deposes and says that he is the publisher of the Jackson Herald which is the official organ of Jackson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates January 23, 30, February 6,
13, 1980.

/si' Herman Buffington, Publisher

4540 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 14th day of February, 1980.
Is/, L. Eddie Benton, Jr. Notary Public.
Approved April 2, 1980.
STATE COURT OF POLK COUNTY* JUDGE'S COMPENSATION.
No. 1378 (House Bill No. 1903).
AN ACT
To amend an Act establishing the State Court of Polk County, approved November 18, 1901 (Ga. Laws 1901, p. 156), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2067), so as to change the compensation of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section jjjg An Act establishing the State Court of Polk County, approved November 18, 1901 (Ga. Laws 1901, p. 156), as amended, particularly by an Act approved February 28, 1974 (Ga. Laws 1974, p. 2067), is hereby amended by striking from Section 31 the figure "$16,500.00" and inserting in lieu thereof the figure "$18,500.00" so that when so amended said section shall read as follows:
"Section 31. Be it further enacted, that the judge of said court now under appointment shall hold office until the 31st day of December, 1910. The judge of said State Court of Polk County

GEORGIA LAWS 1980 SESSION

4541

shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, Statehouse officers and members of the General Assembly, held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the State Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the State Court of Polk County shall receive a salary of $18,500.00 per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during this term of office. Said judge may hold any Federal, State, county or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said State Court."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia, a bill to change the salary of the Judge of the State Court of Polk County, Georgia; and for other purposes.

4542 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This 31st day of January, 1980.
Lynn Gammage Representative, 17th District
Georgia, Fulton County.
Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that he/she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: February 5, 12, 19, 1980.
fsl Lynn Gammage Representative, 17th District
Sworn to and subscribed before me, this 28th day of February, 1980.
Is/ Elizabeth Ann Johnson Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal).
Approved April 2, 1980.

GEORGIA LAWS 1980 SESSION

4543

COMPENSATION TO DONALD K. CARTLEDGE.
No. 119 (House Resolution No. 152-551).
A RESOLUTION
Compensating Mr. Donald K. Cartledge; and for other purposes.
WHEREAS, on February 14, 1978, Donald L. Deavers, who was under the control of the Youth Development Center, Augusta, Georgia, left the premises and stole the automobile belonging to Mr. Donald K. Cartledge; and
WHEREAS, Mr. Deavers wrecked the automobile on Interstate 20 approximately three miles north of North Augusta, South Carolina; and
WHEREAS, Mr. Cartledge suffered damages to his automobile in the amount of $1,659.38, and said loss was through no fault or negligence on the part of Mr. Cartledge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $800.00 to Mr. Donald K. Cartledge as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO ROBERT L. BLACKMON. No. 121 (House Resolution No. 204-794). A RESOLUTION
Compensating Mr. Robert L. Blackmon; and for other purposes.

4544 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, on November 25, 1969, Mr. Robert L. Blackmon was working around the syrup cane mill at Georgia State Prison, Reidsville, Georgia; and
WHEREAS, while feeding cane into the mill, the gloves which he was wearing caught in the rollers of the mill and pulled his right hand into the rollers and, as a result, three of his fingers had to be amputated near the knuckles; and
WHEREAS, as a result of this incident, Mr. Blackmon sustained personal injury in the amount of $5,000.00; and
WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Blackmon, so it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $5,000.00 to Mr. Robert L. Blackmon as compensation for his loss. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence.
Approved April 2, 1980.
LEON SMITH BRIDGE DESIGNATED.
No. 122 (House Resolution No. 297-1009).
A RESOLUTION
Authorizing and directing the State Department of Transportation to designate a bridge in Thomaston, Georgia, as the "Leon Smith Bridge"; and for other purposes.

GEORGIA LAWS 1980 SESSION

4545

WHEREAS, Mr. Leon Smith of Thomaston, Georgia, passed away on April 1, 1976; and
WHEREAS, Mr. Smith was the publisher of the Thomaston Times and The Free Press before his death; and
WHEREAS, he was widely known throughout the State and highly respected for his outstanding journalism; and
WHEREAS, during his eventful life, he provided an inspiration to his community through his many contributions to the civic, religious, economic and political life of his community and State; hnd
WHEREAS, he was extremely well liked and highly regarded by the residents of Thomaston and Upson County and his contributions to his community will be sorely missed; and
WHEREAS, the bridge proposed to be so designated is the Potato Creek Bridge located on U.S. Highway 19 in Thomaston, Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to designate the Potato Creek Bridge located on U.S. Highway 19 in Thomaston, Georgia, as the "Leon Smith Bridge."
BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker at each end of the bridge in honor of Mr. Leon Smith.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Tom Moreland, Commissioner of the State Department of Transportation; to the Mayor of the City of Thomaston, Georgia; and to the family of Mr. Leon Smith.
Approved April 2, 1980.

4546 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO MR. AND MRS. CARLOS MASON HEMPERLEY, III.
No. 123 (House Resolution No. 431-1103).
A RESOLUTION
Compensating Mr. and Mrs. Carlos Mason Hemperley III; and for other purposes.
WHEREAS, prior to July 3, 1978, a child, Billy Arp, was placed, in anticipation of adoption, in the home of Mr. and Mrs. Carlos Mason Hemperley III, by the Adoption Unit of the Division of Family and Children Services of the Department of Human Resources; and
WHEREAS, after the date of the placement and prior to completion of adoption proceedings the Hemperleys were advised that the child's former foster parents were contesting the adoption and seeking custody of the child; and
WHEREAS, the Hemperleys were advised by the Georgia Department of Human Resources to retain legal counsel to represent them in any proceedings resulting from the court challenge to the adoption and were assured by the Department of Human Resources that the legal expenses incurred by the Hemperleys would be reimbursed by the state; and
WHEREAS, the Hemperleys did retain legal counsel from a list of attorneys furnished to them by the Fulton County Department of Family and Children's Services and incurred expenses for such counsel in the amount of $4,646.00 for the period beginning July 3, 1978, and ending in March 1979; and

GEORGIA LAWS 1980 SESSION

4547

WHEREAS, the Hemperleys incurred such expenses based upon the advice of the Department of Human Resources and the department's assurance that the legal expenses would be reimbursed by the state; and
WHEREAS, the expenses were incurred without fault or negligence on the part of the Hemperleys, so it is only fitting and proper that they should be reimbursed for their loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $4,646.00 to Mr. and Mrs. Carlos Mason Hemperley III as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO NORMA JEAN FLORENCE.
No. 124 (House Resolution No. 433-1103).
A RESOLUTION
Compensating Norma Jean Florence; and for other purposes.
WHEREAS, on February 29, 1976, Norma Jean Florence was present in the Department of Labor office building in Atlanta, Georgia; and
WHEREAS, there was a water leakage in the men's rest room which had been allowed to continue until there was water covering portions of the hallway; and

4548 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Norma Jean- Florence slipped and fell on the wet floor and suffered damages in the amount of $5,024.45 in hospital and medical expenses and in lost wages; and
WHEREAS, said accident occurred through no fault or negligence on the part of Norma Jean Florence, and it is only just and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is hereby authorized and directed to pay the sum of $3,659.45 to Norma Jean Florence as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO DONALD R. WISSING.
No. 125 (House Resolution No. 438-1103).
A RESOLUTION
Compensating Mr. Donald R. Wissing; and for other purposes.
WHEREAS, on January 30, 1978, Mr. Donald R. Wissing, a student at Kennesaw College, Marietta, Georgia, was using a weight machine with a curl attachment in the weight room of the Department of Physical Education at the college; and
WHEREAS, the "S" hook was not properly seated to the cable and, when tension was applied, the hook came off and struck Mr. Wissing in the mouth; and
WHEREAS, Mr. Wissing suffered damages to his teeth and medical services totaling $ 18,000.00; and

GEORGIA LAWS 1980 SESSION

4549

WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Wissing, so it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $3,000.00 to Mr. Donald R. Wissing as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board.
Approved April 2, 1980.

COMPENSATION TO JOHNNY E. SIMMONS.
No. 126 (House Resolution No. 448-1145).
A RESOLUTION
Compensating Mr. Johnny E. Simmons; and for other purposes.
WHEREAS, on May 11, 1977, a trooper of the Georgia State Patrol was called to the scene of a hit-and-run accident on East Reed Road off Georgia Highway 336 in Hall County; and
WHEREAS, the trooper, after investigation and the receipt of an anonymous tip, determined that the vehicle involved in the accident was a certain 1969 Ford pickup truck which was found in a trailer park located off Georgia Highway 53 South in Hall County; and
WHEREAS, after locating the truck and upon the direction of his superior, the trooper requested the Hall County Sheriff's Department to dispatch a list wrecker to impound the truck; and
WHEREAS, Mr. Johnny E. Simmons was dispatched to tow the truck and was directed to return it to his wrecker lot and to hold it there until released by the trooper; and

4550 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, on several occasions thereafter, the owner of the truck requested Mr. Simmons to release the truck, which request was refused because the release was not authorized by the Georgia State Patrol and because the owner refused to pay the towing and storage charges; and
WHEREAS, although Mr. Simmons later released the truck upon the advice of his attorney, he was sued by the owner who obtained a judgment against him in the amount of $960.00; and
WHEREAS, together with other costs, Mr. Simmons suffered a loss of $1,306.50 in the matter through no negligence on his part and acting at the direction of the Georgia State Patrol; and
WHEREAS, it is only fitting and proper that Mr. Simmons be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Public Safety is hereby authorized and directed to pay the sum of $1,306.50 to Mr. Johnny E. Simmons, as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO MRS. MARI PARKER HEALEY.
No. 127 (House Resolution No. 454-1145).
A RESOLUTION
Compensating Mrs. Mari Parker Healey; and for other purposes.
WHEREAS, on June 14, 1978, Mrs. Mari Parker Healey was traveling on State Road 27, four miles west of the City of Lumpkin,

GEORGIA LAWS 1980 SESSION

4551

when she was stopped by a flagman working with a State Department of Transportation work crew; and
WHEREAS, while Mrs. Healey was so stopped, a state gravel truck passed her at approximately 40 miles per hour and spilled rock gravel onto her automobile; and
WHEREAS, the gravel so spilled broke the windshield and damaged the paint of Mrs. Healey's automobile; and
WHEREAS, the accident occurred through no fault or negligence on the part of Mrs. Healey, so it is only fitting and proper that she be reimbursed for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $ 150.00 to Mrs. Mari Parker Healey as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO JERRY CROUCH.
No. 128 (House Resolution No. 462-1200).
A RESOLUTION
Compensating Mr. Jerry Crouch; and for other purposes.
WHEREAS, on April 15, 1978, Mr. Jerry Crouch was driving his motor vehicle on Interstate 75 near the 319 and 1/2 mile marker just north of Exit 132 in Gordon County; and

4552 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, Mr. Crouch's motor vehicle ran over a loose piece of road installation which had been installed that day, causing the destruction of his trailer and resulting in a loss of $664.06 for the trailer and an additional $151.53 for wrecker service and towing; and
WHEREAS, after deduction for insurance, Mr. Crouch suffered a personal loss in the amount of $640.59; and
WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Crouch, so it is only fitting and proper that he be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $640.59 to Mr. Jerry Crouch as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO ALLEN D. KING.
No. 129 (House Resolution No. 479-1260).
A RESOLUTION
Compensating Mr. Allen D. King; and for other purposes.
WHEREAS, on June 23, 1976, Mr. Allen D. King was returning to Atlanta from Statesboro where he had been acting as a field agent for the Georgia Department of Labor in an evaluation of the CETA Public Service Employment Program; and

GEORGIA LAWS 1980 SESSION

4553

WHEREAS, after leaving Statesboro, and while traveling westward on State Road 46, Mr. King encountered a tremendous rainstorm which immediately reduced his highway visibility to zero; and
WHEREAS, as a result of the rainstorm Mr. King lost control of his automobile, veered into the eastbound lane of the highway, and struck another automobile; and
WHEREAS, as a result of the accident Mr. King was hospitalized, his automobile was totally destroyed, and he was sued by the driver of, and a passenger in, the automobile struck by his automobile; and
WHEREAS, as a result of the suit a judgment was entered against Mr. King in the amount of $35,000.00; and
WHEREAS, in the light of the amount of the judgment, together with court costs and attorney's fees, Mr. King suffered an out-ofpocket loss in the amount of $ 16,524.00; and
WHEREAS, Mr. King additionally lost valuable time on the job and suffered physical pain and deep emotional anguish as a result of the accident; and
WHEREAS, the accident occurred through no fault or negligence on the part of Mr. King while he was serving as an agent of the Georgia Department of Labor, so it is only fitting and proper that he should be reimbursed for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Labor is hereby authorized and directed to pay the sum of $16,524.00 to Mr. Allen D. King as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

4554 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COMPENSATION TO MS. TERESA M. CALLAWAY.
No. 130 (House Resolution No. 485-1270).
A RESOLUTION
Compensating Ms. Teresa M. Callaway; and for other purposes.
WHEREAS, on May 10, 1979, Ms. Teresa M. Callaway was driving her Datsun automobile on State Road 219 between State Roads 18 and 116 in Harris County; and
WHEREAS, the Georgia Department of Transportation was engaged along that section of highway in a "chip seal" resurfacing operation; and
WHEREAS, the rocks and chips used in the resurfacing operation were not solidly bonded to the road surface and an oncoming automobile threw stones into Ms. Callaway's windshield causing damage severe enough to require replacement of the windshield; and
WHEREAS, again on May 11, 1979, Ms. Callaway's Sunbird automobile was similarly damaged causing replacement of the windshield; and
WHEREAS, although most of the damage was covered by insurance, Ms. Callaway suffered a personal out-of-pocket loss of $100.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Callaway and it is only fitting and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Department of Transportation is hereby authorized and directed to pay the sum of $100.00 to Ms. Teresa M. Callaway as compensation as provided

GEORGIA LAWS 1980 SESSION

4555

above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO MS. M. KATHY EASTERLING.
No. 131 (House Resolution No. 493-1291).
A RESOLUTION
Compensating Ms. M. Kathy Easterling; and for other purposes.
WHEREAS, Ms. M. Kathy Easterling was an employee of Georgia State University during June and July of 1978; and
WHEREAS, while employed at this time, Ms. Easterling was parking her automobile in a covered lot known as E Lot, located between Sparks Hall and the Pullen Library on the campus of Georgia State University; and
WHEREAS, during this period water seeped through the overhead cover of E Lot on to the top of Ms. Easterling's automobile, a 1976 Oldsmobile Cutlass with a Landau roof; and
WHEREAS, as a result of this leakage the roof of MS: Easterling's automobile was stained and damaged and had to be replaced at a cost of $ 168.75; and
WHEREAS, the damage occurred through no fault or negligence on the part of Ms. Easterling, so it is only fitting and proper that she be compensated for this damage.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the

4556 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sum of $168.75 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO MRS. MARGARET B. HAMRICK.
No. 134 (House Resolution No. 508-1317).
A RESOLUTION
Compensating Mrs. Margaret B. Hamrick; repealing a specific resolution; and for other purposes.
WHEREAS, during the period from November 1, 1974, to November 1, 1976, Mrs. Margaret B. Hamrick rented a home at 101 E. 35th Street, Savannah, Georgia, to the Department of Human Resources to be used as a group home for boys; and
WHEREAS, during such period the home and premises were damaged in the amount of $14,805.00 and Mrs. Hamrick also suffered damages from loss of rent in the amount of $6,600.00; and
WHEREAS, said damages and losses occurred through no fault or negligence on the part of Mrs. Hamrick; and
WHEREAS, during its regular session held in 1979, the General Assembly authorized the payment of $4,000.00 to Mrs. Hamrick as compensation for the claim under the impression that Mrs. Hamrick could secure additional relief by pursuing litigation in the matter; and
WHEREAS, through consultations with Mrs. Hamrick's attorney and the Office of the Attorney General, it has since become apparent that Mrs. Hamrick may not sue the state in pursuance of her claim; and

GEORGIA LAWS 1980 SESSION

4557

WHEREAS, the check issued to Mrs. Hamrick pursuant to the authority granted by the General Assembly in 1979 has been returned to the state uncashed; and
WHEREAS, it is only fitting and proper that Mrs. Hamrick be fully compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Human Resources is hereby authorized and directed to pay the sum of $6,000.00 to Mrs. Margaret B. Hamrick as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
BE IT FURTHER RESOLVED that a Resolution compensating Mrs. Margaret B. Hamrick, approved April 19, 1979 (Ga. Laws 1979, p. 4695), is hereby repealed in its entirety.
Approved April 2, 1980.

COMPENSATION TO RICHARD ALIEN TODD.
No. 135 (House Resolution No. 509-1319).
A RESOLUTION
Compensating Mr. Richard Allen Todd; and for other purposes.
WHEREAS, on July 21, 1979, Mr. Richard Allen Todd was driving his 1979 Ford pickup truck on Highway 54 in Clayton County; and
WHEREAS, during a heavy rainstorm, he struck a metal pole used for marking the highway which was sticking out in the right, southbound lane; and

4558 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
WHEREAS, the windshield and cab of Mr. Todd's truck were damaged in the amount of $366.71; and
WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Todd, so it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $200.00 to Mr. Richard Allen Todd as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO TOM W. THOMAS, JR.
No. 137 (House Resolution No. 545-1416).
A RESOLUTION
Compensating Mr. Tom W. Thomas, Jr.; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and
WHEREAS, numerous personal tools and equipment belonging to Mr. Tom W. Thomas, Jr. were stolen; and
WHEREAS, Mr. Tom W. Thomas, Jr. has suffered a pecuniary loss in the amount of $ 1,835.36; and

GEORGIA LAWS 1980 SESSION

4559

WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Tom W. Thomas, Jr..
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $1,835.36 to Mr. Tom W. Thomas, Jr. as compensation aiS provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO CARL E. SHOEMAKER.
No. 138 (House Resolution No. 546-1416).
A RESOLUTION
Compensating Mr. Carl E. Shoemaker; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and
WHEREAS, numerous personal tools and equipment belonging to Mr. Carl E. Shoemaker were stolen; and
WHEREAS, Mr. Carl E. Shoemaker has suffered a pecuniary loss in the amount of $2,107.00; and
WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Carl E. Shoemaker.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation

4560 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
is hereby authorized and directed to pay the sum of $2,107.00 to Mr. Carl E. Shoemaker as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
COMPENSATION TO BEN FOREST.
No. 139 (House Resolution No. 547-1416).
A RESOLUTION
Compensating Mr. Ben Forest; and for other purposes.
WHEREAS, between the hours of 5:00 P.M. on Friday, February 9, 1979, and 7:00 A.M. on Monday, February 12, 1979, the Department of Transportation's maintenance shop in Glennville, Georgia, was broken into; and
WHEREAS, numerous personal tools and equipment belonging to Mr. Ben Forest were stolen; and
WHEREAS, Mr. Ben Forest has suffered a pecuniary loss in the amount of $968.00; and
WHEREAS, said loss occurred through no fault or negligence on the part of Mr. Ben Forest.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $968.00 to Mr. Ben Forest as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

GEORGIA LAWS 1980 SESSION

4561

ARCHIBALD HOLLAND BRIDGE DESIGNATED.
No. 140 (House Resolution No. 564-1512).
A RESOLUTION
Designating a certain bridge as the Archibald Holland Bridge; and for other purposes.
WHEREAS, Mr. Archibald Holland served the citizens of Georgia and Paulding County in an outstanding manner; and
WHEREAS, Mr. Holland was a pioneer who moved into Paulding County in 1836 and became a cofounder of the High Shoals School and High Shoals Baptist Church in 1841 and was instrumental in building roads and engaged in other activities beneficial to the public good; and
WHEREAS, Mr. Holland was a learned and great citizen of Georgia, the echo of, whose footsteps will be of great influence and benefit to his fellow man.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Old High Shoals Road which crosses Raccoon Creek in the third district of the third section of Paulding County, Georgia, is hereby designated the Archibald Holland Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this resolution to Mmes Jeannette Holland Austin and Dorothy Holland Herring who are descendants of Archibald Holland and coauthors of the book on family history entitled: Hollands of Paulding County 1800-1966.

4562 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall also transmit a copy of this resolution to Honorable Thomas D. Moreland, commissioner of the Department of Transportation, and to Honorable Henry H. Winn, chairman of the board of commissioners of Paulding County.
Approved April 2, 1980.
COMPENSATION TO JANICE T. PLUMLEY, ETC.
No. 144 (House Resolution No.; 590-1600).
A RESOLUTION
Compensating Janice T. Plumley, individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased; and for other purposes.
WHEREAS, on September 30, 1978, at approximately 4:30 P.M., Mrs. Jean S. Towe was traveling north on Boardtown Road in Gilmer County, Georgia; and
WHEREAS, as she approached a curve to her left, a truck being driven by Mr. Paul Fair, a prisoner assigned to the Gilmer County Public Works Camp by the Department of Offender Rehabilitation, rounded said curve; and
WHEREAS, said truck was being driven at a speed too fast for conditions, and the driver thereof lost control of said vehicle causing same to skid across the road and into the vehicle being driven by Mrs. Jean S. Towe; and
WHEREAS, Mrs. Jean S. Towe was killed because of said accident; and
WHEREAS, the untimely death of Mrs. Jean S. Towe was caused by no fault or negligence on her part and it is only just and proper that her children be compensated for the loss of their mother.

GEORGIA LAWS 1980 SESSION

4563

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $10,000.00 to Janice T. Plumley., individually and as guardian of Rebecca J. Towe, Steven L. Towe, and Phillip A. Towe, children of Jean S. Towe, deceased, as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.

COMPENSATION TO JAMES G. JORDAN, SR.
No. 146 (House Resolution No. 626-1623).
A RESOLUTION
Compensating Mr. James C. Jordan, Sr.; and for other purposes.
WHEREAS, on August 14, 1978, Mr. James C. Jordan, Sr., was traveling east on Highway 116 near Hamilton, Georgia; and
WHEREAS, at that time a gravel truck belonging to the Department of Transportation and driven by department personnel pulled out of a driveway located at the Highway Barn and proceeded west on Highway 116; and
WHEREAS, at that time a piece of gravel fell from said truck and struck the windshield of Mr. Jordan's automobile, resulting in a crack in the windshield; and
WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Jordan and it is only fitting and proper that he be compensated for the damage to his property in the amount of $173.78.

4564 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $173.78 to Mr. James C. Jordan, Sr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Approved April 2, 1980.
PAT E. COLWELL ROAD DESIGNATED.
'i No. 151 (House Resolution No. 753-1776).
A RESOLUTION
Designating a road in Union County as the "Pat E. Colwell Road"; and for other purposes.
WHEREAS, Mr. Pat E. Colwell was a lifelong resident of Union County, having been born there on July 16, 1895; and
WHEREAS, Mr. Colwell was one of the best known and most respected members of his community until his passing in 1958; and
WHEREAS, Mr. Colwell worked for the Georgia State Highway Department for many years until his retirement; and
WHEREAS, Mr. Colwell was the father of our distinguished colleague from the 4th District, Honorable Carlton Colwell.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the road in Union County running West from U.S. Highway 129, at a point approximately two miles North of Blairsville, to its intersection with Georgia Highway 325 is hereby designated the "Pat E. Colwell Road."

GEORGIA LAWS 1980 SESSION

4565

BE IT FURTHER RESOLVED that the governing authority of Union County is hereby authorized and directed to place appropriate signs on the road hereinabove described designating it as the "Pat E. Colwell Road."
Approved April 2, 1980.

COLQUITT COUNTY M ALLOCATION OF PROCEEDS OF LOCAL SALES AND USE TAX.
No. 1397 (House Bill No. 1882).
AN ACT
To allocate the proceeds of local sales and use taxes within Colquitt County to the Colquitt County School System; to adjust the ad valorem tax mill rate limitation applicable to the Colquitt County School System; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for automatic repeal of the provisions of the Act under certain circumstances; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1. Except for the percentage allowance provided for in paragraph (1) of Code Section 91A-4608, the proceeds of any local sales and use tax levied within Colquitt County pursuant to Code Chapter 91A-46 are hereby allocated to the Colquitt County School System for the purposes of the system. The provisions of this section shall apply notwithstanding any agreement to the contrary entered into pursuant to the provisions of Code Chapter 91A-46 between the governing authority of Colquitt County and the governing authority of any one or more municipalities within Colquitt County.
Section 2. As a condition upon receipt of proceeds of the local sales and use tax as provided in this Act, the Colquitt County School System shall comply with the provisions of Code Section 91A-4610 as if it were a county or municipality receiving proceeds of the tax.

4566 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 3. The mill rate limitation on the rate of ad valorem taxes levied for purposes of the Colquitt County School System, which is contained in Article VIII, Section VII, Paragraph I of the Constitution, is reduced for each taxable year beginning on or after January 1, 1981, by a mill rate which, if levied against the nonexempt tangible property within the Colquitt County School District, would produce an amount of revenue equal to the proceeds of the local sales and use tax received by the school system in the immediately preceding taxable year.
Section 4. This Act shall become effective January 1, 1981, but only if an amendment to the Constitution is approved at the general election held in November, 1980, so as to authorize the General Assembly to allocate the proceeds of local sales and use taxes within Colquitt County to the Colquitt County School System.
Section 5. In the event an amendment to the Constitution as provided in Section 4 is not approved at the general election held in November, 1980, the provisions of this Act shall be null and void.
Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.
Notice of Intention to Introduce Local Legislation.
Notice is hereby given that there will be introduced at the regular 1980 session of the General Assembly of Georgia a bill to allocate the proceeds of local sales and use taxes levied in Colquitt County to the Colquitt County School System; and for other purposes.
Hugh Matthews
Georgia, Fulton County.

GEORGIA LAWS 1980 SESSION

4567

Personally appeared before me, the undersigned authority, duly
authorized to administer oaths, Hugh Matthews who, on oath, deposes and says that he/she is Representative from the 145th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following
dates: February 7, 14, 21, 1980.

Isl Hugh Matthews Representative, 145th District

Sworn to and subscribed before me, this 26th day of February, 1980.

/si Elizabeth Ann Johnson Notary Public, Georgia State at Large.
My Commission Expires Nov. 1, 1981. (Seal).

Approved April 8, 1980.

GEORGIA LAWS 1980 SESSION

4569

ACTIONS OF COUNTY GOVERNING AUTHORITIES
PURSUANT TO CONSTITUTIONAL AMENDMENT
PROVIDING
HOME RULE FOR COUNTIES

143--2

4570 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CAMDEN COUNTY-COUNTY ADMINISTRATOR.

AN AMENDMENT TO THE CAMDEN COUNTY CHARTER, GEORGIA LAWS 1941, PAGE 800, ET SEQ.

Be it enacted by the Board of Commissioners of Camden County, acting under the powers granted them by the Home Rule Provision of
the Georgia Constitution, Chapter 2-59, Georgia Code Annotated, that the following language is hereby added to and made a part of Section 5 of the Camden County Charter, Georgia Laws 1941, Page 800, 802:

In lieu of or in addition to electing a Clerk as aforesaid, the Board of Commissioners may hire and enter into a contract of employment with a County Administrator; may fix the salary of such County Administrator; may define the powers and duties of such County Administrator and the obligations of the County towards said Administrator by specifying such powers, duties and obligations in the contract entered into by and between the Board of Commissioners
and such County Administrator; and may take any other appropriate action with regard to the contractural employment of such Administrator which is not prohibited by the laws or Constitution of the State of Georgia.

Adopted in regular session at the May 1979 and June 1979 meetings of the Camden County Board of Commissioners.

I hereby attest to the accuracy and correctness of the foregoing.

June 8,1979

Is/ Craig Root Administrator Camden County, Georgia

Notice.

Notice is hereby given that the Camden County Commission has made an Amendment to the Camden County Charter, Georgia Laws 1941, page 800, et seq. as follows:

"Be it enacted by the Board of Commissioners of Camden County, acting under the powers granted from by the Home Rule Provision of

GEORGIA LAWS 1980 SESSION

4571

the Georgia Constitution, Chapter 2-59, Georgia Code Annotated, that the following language is hereby added to and made a part of Section 5 of the Camden County Charter, Georgia Laws 1941, Page 800, 802:
In lieu of or in addition to electing a Clerk as aforesaid, the Board of Commissioners may hire and enter into a contract of employment with a County Administrator; may fix the salary of such County Administrator; may define the power and duties of such County Administrator and the obligations of the County towards said Administrator by specifying such powers, duties clnd obligations in the contract entered into by and between the Board of Commissioners and such County Administrator; and may take any other appropriate action with regard to the contractural employment of such Administrator which is not prohibited by the laws or Constitution of the State of Georgia."
A copy of the Amendment is on file at the office of the Clerk of Superior Court of Camden County for the purpose of examination and inspection by the public.
The attached advertisement has been published once a week for three consecutive weeks in The Southeast Georgian, the legal organ of Camden County, Ga. on the following dates: May 3, May 10, May 17, 1979, which publication was in the 60-day period immediately preceding the final adoption of this provision by the Board of Commissioners.
/si Allan Lipsett Publisher
Is/ Floella Boring Notary Public. My Commission Expires January 2, 1983.
Filed in the Office of Secretary of State June 15, 1979.

4572 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Dekalb county - employee retirement.
An Ordinance.
By the Board of Commissioners of DeKalb County under the home rule provisions for counties of the Constitution of the State of Georgia. To amend the Act, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended by resolution of the Board of Commissioners known as Ga. Laws, 1971, p. 4136, so as to amend said Act to provide that the normal retirement date and delayed retirement date shall be no later than the date the participant attains the age of 70, and for other purposes.
Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, pertaining to the DeKalb County Pension Board, known as Georgia Laws, 1962, page 3088, as amended by Resolution of the Board of Commissioners, known as Ga. Laws, 1971, page 4136, be and the same is hereby further amended as follows:
I.
By amending Section 8 of said Act, subsection 1. A.(c), by deleting the language "age 65" and substituting in lieu thereof the following, "age 70".
When so amended, Section 8, l.A.(c) of said Act shall read as follows:
"(c) is the date the participant attains age 70."
II.
By further amending Section 8 of said Act, subsection 2.A, by deleting the language "age of 65" whenever it appears, and substituting in lieu thereof the language "age of 70".
Said Act is further amended by striking the following language in Section 8, subsection 2.A. in its entirety:

GEORGIA LAWS 1980 SESSION

4573

"except that participants that have reached the age of 65 during the year 1970 may continue in service until February 1, 1971, however, if such participant is considered essential to the operation of the department by the department head, his delayed retirement date may be extended until a suitable replacement is found, but in no event beyond June 30, 1971."
When so amended, Section 8, subsection 2. A. of said Act shall read as follows:
"2.A. Delayed Retirement Date. At the request of the county, a participant may remain in the active employ of the county beyond his Normal Retirement Date but not beyond the age of 70; provided, however, that nothing in this Act as applies to compulsory retirement at age 70 shall apply to participating elected officials of DeKalb County. The participant shall retire from the employment of the county on the first day of the month coinciding with or next following the end of the last agreed period which date shall be the delayed retirement date."
III.
All laws or parts of laws in conflict with this ordinance are hereby repealed.
IV.
Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a Court of j competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.

V.
This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of DeKalb County once a week for

4574 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of
the proposed amendment or repeal is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

VI.

This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 9th day of January, 1979, and again on the 23rd day of January, 1979, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County.

VII.

A synopsis of this ordinance shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 4th day of January, 1979, the 11th day of January, 1979 and the 18th day of January, 1979, and a copy of this ordinance shall be filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire the same.

VIII.

The provisions of this Ordinance shall become effective on January 1, 1979.

Adopted this 23rd day of January, 1979.

Attest:
/si Patrick C. Glisson Clerk

Isl Walter B. Russell, Jr. Chairman, Board of Commissioners DeKalb County, Georgia

Approved as to form:
Is/ George P. Dillard County Attorney

GEORGIA LAWS 1980 SESSION

4575

I, the undersigned, Patrick C. Glisson, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 23rd day of Jan., 1979.
And same appears in Minutes of said Board this 9th day of Feb. 1979.
Is/ Patrick C. Glisson Clerk, Board of Commissioners DeKalb County, Ga.

Public Notice.
Pursuant to a Resolution of the Board of Commissioners of DeKalb County, Georgia, adopted at its regular meeting on 26th day of December, 1978, the public is hereby notified that the Chairman of the Board will present to the full Board at its regular meetings on January 9, 1979 and January 23, 1979, a Resolution to amend the Act creating the DeKalb County Pension Bodrd, known as Georgia Laws, 1962, p. 3088, as amended by the Resolution of the Board of Commissioners known as Ga. L. 1971, p. 4136, so as to amend said Act to provide that the normal retirement date and delayed retirement date shall be no later than the date the participant attains the age of 70, and for other purposes.
The public is hereby further notified that in order to carry out the provisions of the December 26, 1978 Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven nor more than sixty days apart, which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule provisions for counties of the Constitution of the State of Georgia.
The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examina-

4576 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
tion and inspection, and that copies are available from him for interested members of the public.
This 26th day of December, 1978.
Walter B. Russell, Jr., Chairman Board of Commissioners
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co.publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of a true copy of which is hereto annexed, was published in said newspaper in its issue of the 4, 11, 18th day of Jan., 1979.
1st Gerald W. Crane Co. Co.-Publisher
(by) Linda Orr Agent
Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 18th day of Jan., 1979.
Isi Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal).
Filed in Office of Secretary of State February 16, 1979.

GEORGIA LAWS 1980 SESSION

4577

Dekalb county - structures unfit for human HABITATION.
A resolution by the Board of Commissioners of DeKalb County, under the home rule provisions for counties of the Constitution of the State of Georgia, to amend an Act authorizing DeKalb County to require the repairing, closing, or demolition of certain dwellings or structures which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county, known as Ga. Laws 1975, page 3927, so as to change certain provisions concerning a show cause hearing to be held before an officer of said county and the right of appeal of any decision of said officer, and for other purposes.
Be it resolved by the Board of Commissioners of DeKalb County, Georgia and it is hereby resolved by authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the act authorizing DeKalb County to require the repairing, closing or demolition of certain dwellings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of DeKalb County, known as Ga. Laws 1975, page 3927 be and the same is hereby atnended as follows:
I.
By amending Section 3 of said Act by deleting the language "an administrative hearing" whenever it appears and substituting in lieu thereof the language "a hearing";
Said section is further amended by deleting the language "administrative hearing" whenever it appears, and substituting in lieu thereof the language "hearing";
Said section is further amended by adding the language "or board" after the language "officer" whenever it appears;
So that Section 3, when so amended, shall read as follows:
"The governing authority of DeKalb County, Georgia, as presently constituted or as hereinafter constituted, is authorized to pass or-

4578 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
dinances or rules and regulations authorizing the repairing, closing or demolition of above mentioned dwellings or structures at public expense,, the cost of which shall constitute a lien upon the property thereof; provided, the land owner refuses to repair same, close same, or demolish same in accordance with the ordinances or rules and regulations of the governing authority; provided, further, that no lien shall be effective unless thirty (30) days prior to the assessment thereof, the land owner and any person or corporation having an interest in said property has been given thirty (30) days written notice of any action contemplated or authorized by this section. The notice shall state the date, time and place wherein there shall occur a hearing before an officer or board of said county, which officer or board may be appointed by any ordinance or rule or regulation passed by the governing authority of DeKalb County. Said notice shall require the land owner or any person or corporation having an interest in the property concerned to show cause why said dwelling or structure should not be repaired, closed or demolished at public expense. For the purpose of this section, said notice shall be reasonable if given in writing as aforementioned, and posted through the United States Mail, certified, with return receipt requested, addressed to the owner of said property as shown on the tax records of the County. In addition, said property shall be posted by a sign, which sign shall give the date, time and place of the hearing referred to herein, and said sign shall be posted conspicuously upon the property and shall be placed thereon thirty (30) days prior to the date, time and place of said hearing. In addition to the foregoing, the governing authority of DeKalb County, Georgia, is authorized to promulgate and pass those ordinances, rules and regulations pursuant hereto necessary to protect the interests of the property owner, and others, in order to insure that such hearing is conducted pursuant to the principles of due process of law. Where not otherwise provided by county ordinance, rule, or regulation such notice and hearing shall conform substantially with the Georgia Administrative Procedure Act."
II.
By amending Section 4 of said Act by adding the language "or board" after the language "official" and after the language "officer" wherever it appears so that Section 4, when so amended, will read as follows:
"The governing authority of DeKalb County, Georgia, is authorized to pass ordinances, rules and regulations granting to the county

GEORGIA LAWS 1980 SESSION

4579

official or board charged with the duty of conducting the hearing referred to in Section 3 above, the authority to order the land owner or any person or corporation to repair, close, or demolish the dwellings or structures referred to in Section 1 and 2 above; provided, said order is coupled with a finding of fact that said dwellings or struc-
tures are unfit for human habitation, or imperil the health, safety and welfare of the citizens of DeKalb County. Said finding of fact shall be coupled with a brief explanation sufficient to inform the land owner or any person or corporation why said dwelling or structure is deemed to be unfit for human habitation or imperil the health, safety and welfare of the citizens of DeKalb County, Georgia. In no event shall the governing authority of DeKalb County, Georgia,
authorize the repairing, closing or demolition of any dwellings or structures herein referred to at public expense until there has elapsed thirty (30) days from the date said land owner, or others, have received the finding of fact of the county's designated hearing officer or board, and the order commanding the land owner and others to repair, close or demolish the dwellings or structures concerned, but in no event shall the time be less than six (6) months from the date
said order is transmitted to the land owner or other parties herein referred to above as having an interest in said property."

III.
By further amending said Act by deleting Sections 5 and 6 in their entirety and by substituting the following language in lieu of Section 5;
"Every order or decision of said officer or board of DeKalb County, issued pursuant to the authority contained in Sections 3 and 4 of this Act, shall be subject to writ of certiorari issued from the superior court upon the same terms such writs are issued in any case and said order or decision may be appealed by DeKalb County or by any person or persons aggrieved by same."

IV.
All laws or parts of laws in conflict with this Resolution are hereby repealed.

4580 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
V.
Should any part, portion or paragraph of this Resolution be declared unconstitutional or void by a Court of competent jurisdiction, such declaration shall not effect the remaining portions of this Resolution not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted.
VI.
This Resolution shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular consecutive meetings of the County Commissioners, held not less than seven (7) or more than sixty (60) days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official organ of DeKalb County once a week for three weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public.
VII.
This Resolution shall be first presented to the Board of Commissioners of DeKalb County on the 26th day of June, 1979, and again on the 10th day of July, 1979, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County.
VIII.
A synopsis of this Resolution shall be published in the official organ of DeKalb County once a week for three weeks, namely on the 21st day of June, 1979, the 28th day of June, 1979, and the 5th day of July, 1979, and a copy of this Resolution shall be filed with the Clerk of 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 who desire the same.

GEORGIA LAWS 1980 SESSION

4581

Adopted this 10th day of July, 1979.
Is/ Walter B. Russell, Jr. Chairman, DeKalb County Board of Commissioners
Attest:
ls[ Patrick C. Glisson Clerk, DeKalb County Board of Commissioners
Approved As To Form:
1st*.George P. Dillard County Attorney
I, the undersigned, Patrick C. Glisson, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 10th day of July, 1979.
And same appears in Minutes of said Board this 19th day of July, 1979.
Isl Patrick C. Glisson Clerk, Board of Commissioners DeKalb County, Ga.

Notice to the Public.
The public is hereby notified that the Chairman of the Board of Commissioners of DeKalb County, Georgia will present to the full Board at its regular meetings on June 26, 1979, and July 10, 1979, a Resolution to amend the Act authorizing DeKalb County to require the repairing, closing or demolition of certain buildings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said County, known as Ga. Laws 1975,

4582 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

page 3927, so as to change certain provisions concerning a show cause hearing to be held before an officer of said county and the right of appeal of any decision of said officer, and for other purposes.

The public is further notified that in order to carry out the provisions of said Resolution, it is necessary for the Board of Commissioners to adopt a Resolution at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart which Resolution specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia.

The public is hereby further notified that a copy of said proposed Resolution has been filed with the Clerk, DeKalb County Superior Court, DeKalb County Courthouse, Decatur, Georgia, for examination and inspection and that copies are available from him for in-
terested members of the public.

This 18th day of June, 1979.

Walter B. Russell, Jr., Chairman Board of Commissioners

Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice--Home Rule Provisions, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 21, 28, 5th day of June, July, 1979.
Is/ Gerald W. Crane, Co-publisher Isl Linda L. Orr, Agent

GEORGIA LAWS 1980 SESSION

4583

Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 5th day of July, 1979.
Isl Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (SEAL)
Filed in Office of Secretary of State July 26, 1979.

FLOYD COUNTY-BOARD OF COMMISSIONERS MERIT SYSTEM ACT AMENDED.
An Ordinance of the Board of Commissioners of Floyd County, Georgia to amend an Act entitled "Floyd County Merit System Act" approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513), to change the composition of the Floyd County Merit System Board from three members to five members, to change the qualifications of said members and the per diem to be paid to said members, and to provide that the Director of the Floyd County Merit System Board and all persons working for said Board shall be subject to the protection and provisions of the Floyd County Merit System Act, to repeal conflicting laws, and for other purposes.
Be It Ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows:
An Act establishing a Merit System for the Government of Floyd County, Georgia, approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) be, and the same is, hereby amended by deleting Section 3 thereof in its entirety and adding a new Section 3 as follows:
"Section 3. (a) There is hereby created and established the Floyd County Merit System Board which shall consist of five (5) members

4584 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
who have been residents of Floyd County for two (2) years or more prior to their becoming a member of the Floyd County Merit System Board. With the exception of Position #1, no member of the Floyd County Merit System Board shall have been an officer of a political party during the twelve (12) months immediately preceding his becoming a member, nor shall any member of the Board hold political or party office during his term on the Board. Further, with the exception of Position #2, no member of the Floyd County Merit System Board shall have been an employee of Floyd County during the twelve (12) months immediately preceding his becoming a member, and with the exception of Position# 1, no member of the Floyd County Merit System Board shall have been an elected public official in Floyd County during the twelve (12) months immediately preceding his becoming a member. All members of the Floyd County Merit System Board must be residents of Floyd County, Georgia in order to serve as a member of said Merit Board. No member shall serve more than two (2) consecutive terms.
(b) Each of the five (5) members of the Floyd County Merit System Board shall occupy one of five (5) positions as follows:
Position #1:
Within thirty (30) days after the effective date of this amendment, the governing authority of the County shall appoint a member of the Board of Commissioners of Floyd County, Georgia to serve as a member of said Merit Board. This member shall serve at the pleasure of the governing authority of the County and may be removed and replaced by the governing authority with or without cause. Position # 1 shall be occupied at all times only by a member of the governing authority of the County.
Position #2:
Within thirty (30) days after the effective date of this amendment, the employees subject to the provisions of this Act, by secret ballot, shall elect a member of said Merit Board to fill Position #2. The person so elected must be an employee of Floyd County subject to the provisions of this Act, and must continue to be an employee of Floyd County subject to the provisions of this Act as long as he is a member of the Board. The initial term of office for Position #2 shall expire on

GEORGIA LAWS 1980 SESSION

4585

June 30, 1981. Within thirty (30) days of the expiration of the term for the member occupying Position #2, the new member of said Merit Board to occupy Position #2, shall be elected by the same method. All elections shall be certified by the Senior Superior Court Judge of the Rome Judicial Circuit and entered upon the minutes of the governing authority of said county. Each term of a member serving in Position #2 after the initial term, shall be for a period of three (3) years. Any vacancy occurring in Position #2 shall be filled by the same method of election specified herein and within thirty (30) days after vacancy occurs.
Position #3:
The member of the current Floyd County Merit System Board appointed by the governing authority of the county shall continue to serve in such capacity until June 30, 1983 at which time the initial term of office for Position #3 shall expire. During the year in which the term of the member serving in Position #3 shall expire, the Grand Jury of Floyd County, Georgia, impaneled for the May term of said year, shall appoint a resident of said County as a member of said Merit Board. Each term of a member serving in Position #3 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #3 shall be filled by appointment by the Grand Jury serving at the time the vacancy shall occur.
Position #4:
The member of the current Floyd County Merit System Board selected by the appointee of the governing authority of the county and the member elected by the employees subject to this Act shall continue to serve in such capacity until June 30, 1982, at which time the initial term of office for Position #4 shall expire. Within thirty (30) days of the expiration of the term for the member occupying Position #4, the new member of said Merit Board to occupy Position #4 shall be appointed by a majority vote of the members then occupying Position Nos. 1, 2, 3 and 5. In the event the members occupying Position Nos. 1,2,3 and 5 shall not make an appointment to Position #4 by July 1, during the year in which the term for Position #4 shall expire, then the Grand Jury serving at the time the term expires shall make the appointment of the member to Position #4. Each term of a member serving in Position #4 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #4

4586 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be filled by the same method of appointment specified herein and within thirty (30) days after the vacancy occurs.
Position #5:
The member of the current Floyd County Merit System Board elected by the employees subject to this Act shall continue to serve in such capacity until June 30, 1980, at which time the initial term of office for Position #5 shall expire. Within thirty (30) days of the expiration of the term for the member occupying Position #5, the new member of said Merit Board to occupy Position #5 shall be appointed by a majority vote of the members then occupying Position Nos. 1,2,3 and 4. In the event the members occupying Position Nos. 1, 2, 3 and 4 shall not make an appointment to Position #5 by July 1, during the year in which the term for Position #5 shall expire, then the Grand Jury serving at the time the term expires shall make the appointment of the member to Position #5. Each term of a member serving in Position #5 after the initial term shall be for a period of three (3) years. Any vacancy occurring in Position #5 shall be filled by the same method of appointment specified herein and within thirty (30) days after the vacancy occurs.
The Floyd County Merit System Board shall consist of five (5) members at all times. No member occupying Position Nos. 2, 3, 4 or 5 may be removed from office prior to the expiration of his term except for cause and after being served with a written copy of the specific charges against him and being given an opportunity for a public hearing before the governing authority of the county. Such hearing shall not be held unless the member has been served personally or by registered or certified mail to his residence as shown in the files of the governing authority at least ten (10) calendar days prior to the date set for the hearing.
(c) The five members of the said Merit System Board shall designate one of their number as chairman and another as vice chairman.
(d) Members of the said Merit System Board, except the member occupying Position #1, shall be paid the sum of twenty ($20.00) dollars per diem for time actually devoted to the business of the board, not exceeding sixty (60) days in any calendar year.

GEORGIA LAWS 1980 SESSION

4587

(e) The Merit System Board shall hold regular meetings at least once each month, and may hold additional meetings as may be required for the proper discharge of its duties. Such meetings shall be held in quarters provided by the governing authority of the county.

(f) The governing authority of the county is authorized and directed to provide the necessary office space, equipment, and employees to the Board for the accomplishment of its duties. The Director of the Floyd County Merit System Board and all persons working for said Board, shall be considered to be employees of Floyd County, and shall be subject to the protection and provisions of the Floyd County Merit System Act.

This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for counties.

This Ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia for the purpose of examination and inspection by the public shall have been published in the Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption, the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County, Georgia not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia, all in compliance with the provisions of the Constitution of the State of Georgia.

All Ordinances or parts thereof in conflict herewith are hereby repealed.

This 25th day of September, 1979.

Floyd County Board of Commissioners

Attest:
Ifsl Cap Hicks Clerk

By: James A. Mehaffey

4588 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, Floyd County.
Notice of proposed action to be taken under the provisions of the Home Rule Amendment to the
Constitution of the State of Georgia.
Notice to The Public.
Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone upon written request, a copy of said Ordinance.
Synopsis of Proposed Amendment
Said Resolution and Ordinance will provide an amendment to the Act entitled "Floyd County Merit System Act" approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) so as to change the composition and qualifications of the members of the Floyd County Merit System Board; to provide for the creation of five (5) positions as follows:
Position No. 1 shall be occupied by a member of the Board of Commissioners appointed by the governing authority of the County, said position to be filled at all times by a member of the Board of Commissioners of Floyd County.
Position No. 2 shall be occupied by an employee of Floyd County to be elected by secret ballot by employees of Floyd County subject to the provisions of the Floyd County Merit System Act. The term of office for this position shall expire on June 30, 1981, and each new member shall be elected in the same manner to serve for a period of three (3) years.
Position No. 3 shall be occupied by the current member of the Floyd County Merit System Board appointed by the governing authority until June 30, 1983. The Grand Jury impaneled for the May term of said year shall appoint a resident of Floyd County to serve as a member of said Merit Board for a period of three (3) years.

GEORGIA LAWS 1980 SESSION

4589

Position No. 4 shall be occupied by the current member of the Merit Board selected by the appointee of the governing authority of the county and the member elected by the employees subject to the Floyd County Merit System Act and shall continue to occupy said position until June 30, 1982. Each new member to fill Position No. 4 shall be appointed by a majority vote of the members then occupying Position Nos. 1,2,3 and 5 to serve for a period of three (3) years.
Position No. 5 shall be occupied by the current member of the Merit Board elected by the employees of Floyd County until June 30, 1980. Each new member to fill Position No. 5 shall be appointed by a majority vote of the members then occupying Position Nos. 1,2,3 and 4 to serve for a period of three (3) years.
Members of the Merit Board, except the commissioner occupying Position No. 1, shall be paid the sum of twenty ($20.00) dollars per diem for time actually devoted to the business of the Merit Board, not exceeding sixty (60) days in any calendar year.
The Director of the Floyd County Merit System Board and persons working for said Merit Board shall be considered to be employees of Floyd County and subject to the provisions and protection of the Floyd County Merit System Act.
The Board of Commissioners of Floyd County, Georgia
By: "Cap" Hicks, Clerk

Georgia, Floyd County.
In person before the undersigned attesting officer appeared the undersigned who on oath says that they are duly authorized representatives of the Rome News Tribune and authorized to make this Affidavit and that the advertisement as per attached clipping has been published in the Rome New Tribune on the following dates: September 6, 13 and 20, 1979.
/s/1 Leatha M. Davenport

4590 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 26th day of Sept. 1979.
/s'/h Jean Mullinax Notary Public:
Georgia, Floyd County.
I, "Cap" Hicks, Clerk of the Board of Commissioners of Floyd County, Georgia, certify that the above and foregoing Resolution is a true and correct copy of the Resolution adopted by the Board of Commissioners of Floyd County, Georgia, in a regular session September 25, 1979.
Is/ "Cap" Hicks Clerk of Board of Commissioners of Floyd County, Georgia
Sworn to and subscribed before me, this 25th day of Sept. 1979.
Is/ Sue Broome Notary Public.
Filed in Office of Secretary of State October 10, 1979.
RICHMOND COUNTY GRAND JURY SELECTION OF AUDITING FIRM ESTABLISHED; OFFICE OF CLERK ABOLISHED; AND OFFICE OF COUNTY ADMINISTRATOR CREATED.
An Ordinance of the Board of Commissioners of Richmond County, Georgia, to amend an Act entitled "An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes.", approved August 19, 1907 (Ga. L. 1907, p. 324) as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555); by an Act

GEORGIA LAWS 1980 SESSION

4591

approved March 22, 1974 (Ga. L. 1974, p, 3034); and by an Act approved March 28, 1974 (Ga. L. 1974, p. 3562) so as to provide for the audit requirements of Richmond County; to abolish the office of Clerk; to provide for the office of County Administrator; and for other purposes.
Be it Ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the,same as follows:
Section 1. The Act of the General Assembly of Georgia, entitled "An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes." approved August 1,9, 1907 (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and by.an Act approved March 22, 1974 (Ga. L. 1974, p.3034) is hereby amended by striking Section 3(D) of said Act which reads as follows:
"Section 3(D). The Grand Jury of the January Term of the Superior Court of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of Richmond County shall select from among those firms submitted to them an accounting firm which shall perform an audit of all county offices handling public funds of Richmond County. Said audit shall cover the immediately preceding fiscal year. No such firm shall be selected for said audit which has performed such service for three consecutive years.",
And substituting in lieu thereof a new section, to be known as Section 3(D), to read as follows:
"Section 3(D). The grand jury of the January term of the Superior Court of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of Richmond County shall select from among those firms submitted to them an accounting firm which shall perform an audit of all county offices handling public funds of Richmond County. Said audit shall cover the current fiscal year. No such firm shall be selected for said audit which has performed such services for three consecutive years."

4592 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. An Act of the General Assembly of Georgia entitled "An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties, and for other purposes." approved August 19, 1971 (Ga. L. 1907, p. 324), as amended particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), and by an act approved March 28, 1974 (Ga. L. 1974, p. 3563) is hereby amended by striking that Section 6 of said Act in its entirety, which reads as follows:
"Section 6. Said board of commissioners shall have the power and authority to elect a clerk, who shall have an office at the courthouse. Said clerk shall keep minutes of the proceedings of said board and perform such other clerical and administrative work as the board may require. He-shall have the authority to administer oaths. Said clerk may also Serve at the discretion of the board of commissioners as ex officio purchasing agent for Richmond County and ex officio custodian of the courthouse of Richmond County. Said clerk shall give bond in the sum of ten thousand ($10,000.00) dollars payable to said board, and his successors in office, for the faithful performance of his duties as clerk, ex officio purchasing agent and ex officio custodian of the courthouse. The compensation for said clerk shall be such sum as approved by the board of commissioners.",
And substituting in lieu thereof a new section, to be designated as Section 6, to read as follows:
"Section 6. Said Board of Commissioners shall have the power and authority to elect a County Administrator, who shall have an office at the courthouse. The County Administrator shall be responsible to the Board of Commissioners of Richmond County for the proper administration of the affairs of the County. The terms and conditions of employment of the County Administrator, and the duties of the County Administrator shall be as determined by resolution of the Board of Commissioners of Richmond County."
Section 3. The office of Clerk of Board of Commissioners of Richmond County, Georgia, is hereby abolished.
Section 4. This ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for counties.

GEORGIA LAWS 1980 SESSION

4593

Section 5. All laws or ordinances or parts of Taws or ordinances in conflict with this ordinance are hereby repealed.
p^Section 6. This ordinance shall become effective on June '1, 1979.
Adopted, this 1st day of May, 1979, and this 15th day of May, 1979.
/si F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia
Attest:
Is/ J. Lester Newsome Clerk, Board of Commissioners of Richmond County, Georgia
I, the undersigned, J. Lester Newsome, Clerk of the Board of Commissioners of Richmond County, Georgia, do hereby certify tthe foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, towit: May 1, 1979 and May 15, 1979, as the same appear on the minutes of said Board.
This 15th day of May, 1979.
Is/ J. Lester Newsome
Public Notice
The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on May 1 and May 15, 1979, an Ordinance to amend the Act creating the Board of Commissioners for Roads and Revenues for the County of Richmond as approved August 19, 1907 (Ga. L. 1907, p. 324), as amended particularly by an Act approved March 14,1931 (Ga. L. 1931, p. 555); by an Act approved March 22, 1974, (Ga. L. 1974, p. 3034); and by an Act approved March 28, 1974 (Ga. L. 1974, p.3562)

4594 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the Authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code. Sec. 2-5901).
The public is hereby further notified that said Ordinance provides for the term in which the Grand Jury shall submit a list of three certified public accounting firms to the governing authority of Richmond County to perform an audit of all County offices handling public funds for Richmond County; provides for the office of County Administrator, and abolishes the office of Clerk.
The public -is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public.
This 17th day of April, 1979.
Robert C. Daniel, Jr. County Attorney Richmond Count, Georgia
April 20, 17, May 4
Georgia, Richmond County.
Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is the president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend the Act entitled "An Act to create a

GEORGIA LAWS 1980 SESSION

4595

Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes", was duly published once a week for three weeks, as required by law; Said dates of publication being April 20, 27th and May 4th, 1979.
ygBWilliam S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County,
' 'Georgia
Sworn to and subscribed before me, this 7th day of May, 1979.
N E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981.
Filed in Office of Secretary of State May 21, 1979.

RICHMOND COUNTY-REPEAL OF ACT PROVIDING FOR TRASH AND REFUSE DEPOSITORIES IN CERTAIN COUNTIES; LANDFILL PROVIDED FOR AND
THE AUTHORITY TO DETERMINE AND FIX REASONABLE CHARGES AND FEES FOR THE USE OF THE LANDFILL.
An Ordinance of the Board of Commissioners of Richmond County, Georgia to repeal an Act of the General Assembly of Georgia, entitled: "Certain counties to provide dumps for trash and refuse" approved May 6, 1967, (Ga. Laws, 1967, page 2879), as amended by Act approved March 29, 1971, (Ga. Laws, 1971, page 2263); to provide for a landfill in Richmond County, Georgia, to provide the authority for the Board of Commissioners to determine and fix reasonable charges and fees for the use of the landfill; and for other purposes.

4596 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows:
Section 1. The Act of the General Assembly of Georgia, Ga. Laws, 1967, page 2879, as amended by Ga. Laws, 1971, page 2263, entitled: "Certain counties to provide dumps for trash and refuse", be, and the same is hereby, repealed.
Section 2. The Board of Commissioners of Richmond County, Georgia, shall have the authority to operate and provide a landfill for deposit of trash and refuse for the citizens of Richmond County, and to determine and fix reasonable charges and fees for the use of the landfill.
Section 3. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Section II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties.
Section 4. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed.
Section 5. This Ordinance shall become effective on July 1, 1979.
Adopted, this 15th day of May, 1979, and this 5th day of June, 1979.
:'5 IsI1 F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia
Attest:
Is/ Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia
I, the undersigned, Harry Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby

GEORGIA LAWS 1980 SESSION

4597

certify that the foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, to-wit: May 15, 1979, andjune5, 1979, as the same appear on the minutes of said Board.

This 5th day of June, 1979. Isl Harry G. Perkins

Public Notice.
The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on May 15, 1979, and June 5, 1979, an Ordinance to repeal an Act providing for dumps for trash and refuse in certain counties, approved April 6, 1967, (Ga. Laws, 1967, page 2879) as amended by Ga. Laws, 1971, page 2263.
The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Section 2-5901).
The public is further notified that said Ordinance provides for the Board of Commissioners to provide a landfill for the deposit of trash and refuse for the Citizens of Richmond County, and provides that the Board of Commissioners shall have the authority to determine and fix reasonable charges and fees for the use of the landfill.
The public is further notified that a copy of the proposed Ordinance is filled with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and

4598 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inspection, and copies of the same are available with the Clerk for any member of the public.
This 2nd day of May, 1979.
Robert C. Daniel, Jr. County Attorney Richmond County, Georgia
Georgia, Richmond County.
Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath says that he is the President of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to repeal an Act of the General Assembly of Georgia, entitled "An Act providing for trash and refuse depositories in certain counties" (Ga. L. 1967, p. 2879, as amended by Ga. L. 1971, p. 2263); to provide for a landfill to provide authority for the Board of Commissioners to determine and fix reasonable charges and fees for the use of the landfill, was duly published once a week for three weeks, as required by law; said dates of publication being May 5, 12 and 19, 1979.
Is/, William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia
Sworn to and subscribed before me, this 30th day of May, 1979.
Isi Marie B. Marriott Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981".
Filed in Office of Secretary of State June 8, 1979.

GEORGIA LAWS 1980 SESSION

4599

RICHMOND COUNTY-PERSONNEL BOARD DUTIES AND FUNCTIONS AMENDED.
An Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to provisions of the Constitution of the State of Georgia that provide for Home Rule for Counties, approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977 (Ga. L. 1978, p. 4721), so as to define the duties and functions of the Personnel Board of Richmond County; and for other purposes.
Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows:
Section 1. The Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State2of Georgia providing for Home Rule for Counties,) approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977, providing for the establishment of a Personnel Board of Richmond County (Ga. L. 1978, p. 4721) is hereby amended by striking Section 5 (b) of said Ordinance which reads as follows:
"Section 5(b)'h To conduct hearings and render decisions on dismissals and purported violations of the rules and regulations in the several departments and offices which have been included in the career or classified service and to hear appeals from any employee who claims to have been improperly dismissed.",
and substituting in lieu thereof a new section, to be known as Section 5(b) to read as follows:
"Section 5(b). To conduct hearings and render decisions on dismissals and to hear appeals from any employee who claims to have been improperly dismissed. The Personnel Board shall consider only complaints or grievances of employees as to dismissals. All complaints or grievances of any employees as to demotions, transfers or suspensions shall be considered by the County Administrator, whose decision shall be final."

4600 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. The Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties approved and adopted by the Board of Commissions on the 15th day of February, 1977, and the 1st day of March, 1977, providing for the establishment of a Personnel Board of Richmond County (Ga. L. 1978, p. 4721) is hereby amended by striking the second paragraph- of Section 9 of said Ordinance which reads as follows:
"No employee shall be entitled to any cause of action, complaint or grievance procedure as to dismissal, demotion, transfer or suspension until such employee has been in continuous employment for twelve (12) consecutive months. `Continuous employment' shall mean employment unbroken by discharge or resignation. Re-election or reappointment at the end of the term shall be regarded as continuous employment.",
and substituting in lieu thereof a new paragraph in Section 9 to read as follows:
"No employee shall be entitled to any type of action, complaint or grievance procedure as to dismissal until such employee has been in continuous employment for twelve (12) consecutive months.
`Continuous employment' shall mean employment unbroken by discharge or resignation. Re-election or reappointment at the end of the term shall be regarded as continuous employment."
Section 3. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for counties.
Section 4. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed.
Section 5. This Ordinance shall become effective on July 1, 1979.

GEORGIA LAWS 1980 SESSION

4601

Adopted, this 5th day of June, 1979, and this 19th day of June, 1979.
Isl Frank A. Albert Chairman, Board of Commissioners of Richmond County, Georgia

Attest:
Isl Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia
I, the undersigned, Harry G. Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the said Board of Commissioners at two consecutive meetings, held on the following dates, to-wit: June 5, 1979, and June 19, 1979, as the same appear on the minutes of said Board.
This 19th day of June, 1979.
Isl Harry G. Perkins
Public Notice
The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on June 5, 1979, and June 19, 1979, an Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia providing for the Home Rule for Counties, approved and adopted by the Board of Commissioners on the 15th day of February, 1977, and the 1st day of March, 1977 (Ga. L. 1978, p. 4721), so as to define the duties and functions of the Personnel Board of Richmond County; and for other purposes. 144--2

4602 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Ordinance having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901).
The public is further notified that said Ordinance provides that the Personnel Board shall consider only complaints or grievances of employees as to dismissals. All complaints or grievances of any employees as to demotions, transfers or suspensions shall be considered by the County Administrator, whose decision shall be final.
The public is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public.
This 30th day of May, 1979.
Robert C. Daniel, Jr. County Attorney Richmond County, Georgia
Georgia, Richmond County.
Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend an Ordinance of the Board of Commissioners of Richmond County, Georgia, enacted pursuant to the provisions of the Constitution of the State of Georgia providing for a Personal Board for Richmond County, Georgia (Ga. L. 1978, p. 4721) so as to define the duties and functions of the Personnel Board;

GEORGIA LAWS 1980 SESSION

4603

and for other purposes, was duly published once a week for three weeks, as required by law, said dates of publication being June 2, 9 and 16, 1979.
Isl William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia
Sworn to and subscribed before me, this 18th day of June, 1979.
Isl E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981.
Filed in Office of Secretary of State June 22, 1979.

RICHMOND COUNTY-REPEAL OF THE ACT ESTABLISHING AND CREATING THE OFFICE OF CONSTRUCTION SUPERVISOR AND BUILDING INSPECTOR FOR RICHMOND COUNTY, GEORGIA.
An Ordinance of the Board of Commissioners of Richmond County, Georgia, to repeal an act of the General Assembly of Georgia, entitled: "Richmond County--Construction Supervisor and Building Inspector", approved March 7, 1966 (Ga. L. 1966, p. 3279), and for other purposes.
Be it ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows:
Section 1. The Act of the General Assembly of Georgia, (Ga. L. 1966, p. 3279) entitled; "Richmond County--Construction Supervisor and Building Inspector", be, and the same is hereby repealed.
Section 2. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of

4604 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Article IX, Section II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties.
Section 3. All laws or Ordinances or parts of law or Ordinances in conflict with this Ordinance are hereby repealed.
, Section 4. This Ordinance shall become effective on November 1, 1979.
Adopted, this 18th day of September, 1979, and this 2nd day of October, 1979.
Isf F. A. Albert Chairman, Board of Commissioners of Richmond County, Georgia
Attest:
IsI Harry G. Perkins County Administrator, Board of Commissioners of Richmond County, Georgia
I, the undersigned, Harry Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by said Board at two consecutive meetings, held on the following dates, to-wit: September 18, 1979, and October 2, 1979, as the same appear on the minutes of said Board.
This 3rd day of October, 1979.
Is/ Harry G. Perkins
Public Notice
The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on September 18, 1979, and October 2, 1979, an Ordinance to repeal an Act establishing and creating the office of Construction Supervisor and Building Inspector for Richmond County, Georgia, approved March 7, 1966, (Ga. L. 1966, p. 3279).

GEORGIA LAWS 1980 SESSION

4605

The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made, and authority to amend the original Act having been granted by Article IX, Section II of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901).
The public is further notified that a copy of the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public.
This 6th day of September, 1979.
Robert C. Daniel, Jr. County Attorney Richmond County, Georgia
Georgia, Richmond County.
Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is the president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to repeal an Act of the General Assembly of Georgia, entitled "Richmond County--Construction Supervisor and Building Inspector" (Ga. L. 1966, p. 3279) was duly published once a week for three weeks, as required by law; said dates of publication being September 10, 17 and 24, 1979.
1st WilliamS. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

4606 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 26th day of September, 1979.
Is/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia My Commission Expires June 29, 1981.
Filed in the Office of Secretary of State October 10, 1979.
RICHMOND EMPLOYEES' PENSION FUND ACT AMENDED.
An Ordinance to amend the Richmond 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, and Ga. L. 1976, pp. 4500), enacted pursuant to the provisions of the Constitution of the State of Georgia that provide for Home Rule for Counties, so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund due to changes in the current Cost-of-Living Index; to provide an effective date; and for other purposes.
Be It Ordained by the Board of Commissioners of Richmond County, Georgia, and it is hereby ordained by authority of the same as follows:
Section 1. The Richmond 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, and Ga. L. 1976, pp. 4500) is hereby amended by

GEORGIA LAWS 1980 SESSION

4607

striking Section 20(A)(e)(3) in its entirety, as found in Ga. L. 1976, pp. 4500, 4509, which was enacted by the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties, approved and adopted by the Board of Commissioners on the 2nd and 16th days of September, 1975, which reads as follows:
"Section 20(A)(e) (3). Notwithstanding the foregoing provisions of this section, no increase in the amount of the monthly retirement benefit due to changes in the current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date.",
and inserting in lieu thereof the following:
"Section 20(A)(e)(3). Notwithstanding the foregoing provisions of this section, no increase in the amount of the monthly retirement benefit due to changes in the current Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 5% of the amount of the monthly retirement benefit payable immediately prior to such date."
Section 2. This Ordinance is adopted by, the Board of Commissioners of Richmond County, Georgia, pursuant to the provisions of Article IX, Sec. II of the Constitution of the State of Georgia of 1976, providing for Home Rule for Counties.
Section 3. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed.
Section 4. This Ordinance shall become effective on January 1, 1980.
Adopted, this 13th day of November, 1979, and this 4th day of December, 1979.
;/s/. Frank A. Albert, Chairman, Board of Commissioners of Richmond County, ` Georgia.

4608 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Attest:

Isj

Harry G. Perkins, County Administrator,

Board of Commissioners of

Richmond County, Georgia.

I, the undersigned, Harry G. Perkins, County Administrator of the Board of Commissioners of Richmond County, Georgia, do hereby certify that the foregoing is a true and correct copy of an Ordinance
adopted by the said Board of Commissioners at two consecutive meetings, held on the following dates, to-wit: November 13th, 1979, and December 4th, 1979, as the same appear on the minutes of said Board.

This 4th day of December, 1979. ^s/ Harry G. Perkins

Public Notice

The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia, at its regular meeting on November 13, 1979, and on December 4, 1979, an Ordinance to amend the Richmond 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, and Ga. L. 1976, pp. 4500), so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund, due to changes in the current Cost-of- Living Index; and for other purpose.

The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three weeks prior to its final adoption, and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specially states the changes to be made, and authority to amend the original Ordinance having been granted by Article IX, Section II, of the 1976 Constitution of the State of Georgia (Ga. Code Sec. 2-5901).

GEORGIA LAWS 1980 SESSION

4609

The public is further notified that said Ordinance provides that no increase in the amount of monthly retirement benefits due to changes in the current Cost-of-Living Index, effective at any annual adjustment date, shall be in excess of 5 percent of the amount of monthly retirement benefits payable immediately prior to such date.
The public is further notified that a copyof the proposed Ordinance is filed with the Clerk of the Superior Court of Richmond County, Georgia, in the City-County Building, Fifth Floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk for any member of the public.
This 1st day of November, 1979.
Robert C. Daniel, Jr. County Attorney Richmond County, Georgia
Georgia, Richmond County.
Personally appeared before me, a notary public, the undersigned, William S. Morris, III, who, on oath says that he is president of the Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that public notice, a true copy of which is attached hereto, being a notice of an Ordinance to amend the Richmond 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, and Ga. L. 1976, pp. 4500), so as to provide the maximum amount of monthly retirement benefit increase payable to participants under said Pension Fund due to changes in the current Cost-of-Living Index, and for other purposes, was duly published once a week for three weeks, as required by law, said dates of publication being November 5, 12, and 19, 1979.
Is/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

4610 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 20th day of November, 1979.
/s'H|E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981.
Filed in Office of Secretary of State December 6, 1979.
ROCKDALE COUNTY-BOARD OF COMMISSIONERS
An Ordinance to amend an Act entitled "An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes." (Ga. L. 1977, Page 2817);
By adding a new section 1A thereto, entitled "Definitions and General Provisions"; to repeal conflicting provisions; and for other purposes.
Be it ordained by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by authority of same as follows:
Section 1. Pursuant to County Home Rule authority under the Georgia Constitution (Art, IX, Sec. II; Ga. Code Ann., Ch. 2-59), the Board of Commissioners hereby amends an Act of tlfe General Assembly (Ga. L. 1977, p. 2817) entitled as follows:
"An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to said

GEORGIA LAWS 1980 SESSION

4611

board of commissioners and relative to the government of Rockdale County by; said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes."
Said Act is amended by adding a new section thereto entitled "Section 1A, Definitions and General Provisions." Said section shall read as follows:
Section 1A. Definitions and General Provisions. The following words and phrases shall, for purposes of this Act, have the indicated meaning.; and limitations unless the context clearly indicates otherwise:
(1) "Board" shall mean the Board of Commissioners of Rockdale County.
(2) "Capital improvements" shall mean any real or personal property of any kind or any repair and maintenance thereof, other- than a contract for services, where said property or repairs and maintenance has a useful life expectancy of over one (1) year and where said property is acquired by the county through the expenditure of county funds of over $1,000 or the exchange of the equivalent in county property, service or labor. This shall include but not be limited to the acquisition of any land or interest therein and the acquisition of any building or road, unless otherwise provided by law, and any repairs or maintenance of any road or building. The acquisition of capital improvements shall be made only where funds therefor have been appropriated in the county budget and are also directly and specifically authorized by the Board or a designee thereof. Additionally, said improvements shall only be made in the order or priority established by the Board of Commissioners.
(3) "Commission" shall mean the Board of Commissioners of Rockdale County.
(4) "Chairman" shall mean the County Chairman or Chairman of the Board of Commissioners of Rockdale County.
(5) "Elected official" or "elected county official" shall mean the Rockdale County Sheriff, Judge of the Probate Court, Clerk of the Superior Court, Tax Commissioner or Coroner.

4612 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(6) "Expenditure" shall mean the disbursement of any funds from any account under the budgetary control of the Board of Commissioners. Other than expenditures from bank accounts which may be established for the various elected county officials, all expenditures, from county funds shall be authorized by or bear the authorized signature of the Chairman and the Director of Finance or others in their absence as may be defined and provided for by the Board of Commissioners. Except for purchases of $ 1,000 or less and payroll expenditures, no expenditure shall be authorized by the Chairman except with the prior specific approval of the Board of Commissioners where required by this Act or with at least the informal advance approval of one other member of the Board of Commissioners or by designees thereof.
(7) "Purchase" shall mean the expenditure of county funds for or contracting for any goods or services for which any expenditure of county funds may be made or where county property or services are exchanged for any goods or services; provided, however, that "purchase" shall not include regular payroll expenditures for county employees nor shall it include expenditures or contracts for professional services as herein defined. Purchase orders shall not be accumulated or split so as to evade any purchasing limitations in this Act, including but not limited to unnecessarily issuing several purchase orders for substantially the same or similar goods or services from the same vendor or similar vendors over a short period of time.
(8) "Professional services" shall mean services of a unique nature not normally subject to competition such as legal and medical services as well as telephone and other utilities. Acquisition by the county of such services shall be made only upon approval of the Board of Commissioners, which Board may advertise, interview, seek bids or quotations for such services as will, in the Board's discretion, aid in obtaining the best such service available. Insurance shall be considered a "professional service" hereunder.
(9) "Payroll expenditure" shall mean and include wages and salaries paid to county employees under any county personnel, civil or merit system or any personnel exempt by law or contract from direct control and supervision of the Chairman or Board. Any expenditure of county funds made to any person performing services for the county under a separate and distinct personal contract with the county shall not be considered a "payroll expenditure".

GEORGIA LAWS 1980 SESSION

4613

Section 2. This ordinance shall become effective on its second and final adoption as provided by law.
Section 3. All ordinances or Acts, or parts thereof, in conflict herewith are hereby repealed.
First adopted this 9th day of January, 1979.
Finally adopted this 23rd day of January, 1979.
Board of Commissioners Rockdale County, Georgia Isl Heyward L. Woodward Isl Herman A. Francis Isl Ray Magnusson
Attest:
/s/ C. A. Sandy Jones Ex-officio Clerk
Clerk's Certification
I, Sandy Jones, Ex-officio Clerk of the Board of Commissioners of Rockdale County, hereby certify that the foregoing is a true and correct copy of an original ordinance entitled:
"An ordinance to amend an Act entitled `An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes.' (Ga. L. 1977, Page 2817) by adding a new section 1A thereto, entitled `Definitions and General Provisions'; to repeal conflicting provisions; and for other purposes,"

4614 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
as the same was duly adopted by the Board of Commissioners of Rockdale County at a regular public meeting held on the 9th day of January, 1979, and finally adopted at the next regular public meeting of said Board held on the 23rd day of January, 1979, as the same appears of record in the minutes of said meetings; and I further certify that said ordinance has been neither amended, modified nor repealed, but remains of force and effect.
In witness whereof, I hereunto set my hand and affix the seal of the County, this 24th day of January, 1979.
b^isfr C. A. Sandy Jones Ex-Officio Clerk Board of Commissioners Rockdale County, Georgia
Notice of Intention to Amend Georgia Laws 1977,
Page 2817
Notice is hereby given that the Board of Commissioners of Rockdale County intend to amend Georgia Laws 1977, Page 2817, Section 1A pursuant to County Home Rule under Article IX, Section II, Paragraph I of the Georgia Constitution of 1976.
The proposed amendment shall provide the definitions of and limitations on the following terms: board, capital improvements, commission, chairman, elected official, expenditure, purchase, professional services, and payroll expenditure and repeal any provisions in conflict therewith.
A copy of the proposed amendment is on file in the office of the Clerk of The Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall, upon request, furnish anyone with a copy of the proposed amendment.

GEORGIA LAWS 1980 SESSION

4615

Affidavit of Publication
Georgia, Rockdale County.
Personally appeared before the undersigned, Jane O. Patterson who on oath says that she is Advertising Manager of The Rockdale Citizen, and that the legal advertisement which appears below was published in said newspaper on the following dates: December 21 & 28, 1978 & Jan. 4, 1979.
Isl Jane O. Patterson
Sworn to and subscribed before me, this 11th day of January, 1979.
Isl Jenell Orr Notary Public, Georgia, State At Large. My Commission Expires Jan. 12, 1982.
Filed in Office of Secretary of State February 12, 1979.
ROCKDALE COUNTY^BOARD OF COMMISSIONERS.
An ordinance to amend an Act entitled: "An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by .gaid board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes." (Ga. L. 1977, page 2817); [the authority of the county home rule law by the Board of Commissioners of Rockdale County, Georgia on May 23, 1978.]
By amending Sections 1A, 7(b), 8, 9, 10, 13, 15, 16(b), 17, 18, 19, 20, and 21 and to repeal conflicting provisions and for other purposes.
Be it ordained by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by authority of same as follows:

4616 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 1. Pursuant to County Home Rule authority under the Georgia Constitution (Art. IX, Sec. II; Ga. Code Ann., Ch. 2-59), the Board of Commissioners hereby amends an Act of the General Assembly (Ga. L. 1977, p. 2817) entitled as follows:
"An Act to create a Board of Commissioners for Rockdale County; to provide for the membership of said board; to provide for the election, qualification, terms, powers, compensation and duties of the chairman and other members of said board; to provide for other matters relative to said board of commissioners and relative to the government of Rockdale County by said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; and for other purposes." (Ga. L. 1977, page 2817); [as amended under the authority of the County Home Rule Law by the Board of Commissioners of Rockdale County, Georgia on May 23, 1978.]
Said Act is amended as follows:
1. Section 1A of said Act shall hereby be amended by adding the following definition to the end thereof:
"(10) `Resolution' shall mean and include any resolution, ordinance or other official action of the Board of Commissioners approved at a public meeting of said Board by a majority vote of a quorum of the members thereof."
2. Subsection (b) of Section 7 of said Act shall hereby be amended in its entirety to read as follows:
"(b) The Board of Commissioners may provide the Chairman with a county owned automobile which may be used in carrying out the official duties of the Board members and county funds may be expended for the operation and maintenance of said automobile. The Board of Commissioners shall provide by ordinance or resolution payment of necessary expenses which may be incurred by the members of said Board in carrying out their official duties."
3. Section 8 of said Act shall hereby be amended by deleting "2:00 p.m. on the second Tuesday" and inserting in lieu thereof "10:00 a.m. on the second Tuesday.

GEORGIA LAWS 1980 SESSION

4617

4. Section 9 of said Act shall hereby be amended in its entirety to read as follows:
"Section 9. Chairman; Vice-Chairman.
"(a) The chairman shall be the chief executive officer of the county government and shall generally supervise, direct and control the administration or the affairs of the county pursuant only to the powers herein specifically conferred upon him and pursuant to the adopted resolutions of the Board of Commissioners in regard to matters reserved to the exclusive jurisdiction of the Board of Commissioners.
"(b) The chairman shall preside over meetings of the Board of Commissioners; provided that a vice-chairman appointed by said Board from among its members shall preside in the chairman's absence.
"(c) The chairman, consistent with resolutions of the Board of Commissioners, shall establish rules and regulate purchasing services for all county departments, offices and agencies, including all such services for all elected county officials.
"(d) The chairman shall be authorized to make purchases for the county in amounts not exceeding $1,000.00."
5. Section 10 of said Act shall hereby be amended in its entirety to read as follows:
"Section 10. Board of Commissioners.
"(a) The Board of Commissioners shall have the power and authority to fix and establish, by appropriate resolutions or ordinance entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on said Board's minutes, shall be conclusive and binding on the chairman.
"(b) The policies, rules and regulations so adopted by the Board of Commissioners shall be carried out, executed and enforced by the chairman as chief executive officer of the county, and said Board

4618 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may exercise administrative powers, but only where such are "necessarily and properly incident" to its functions as a policy- making or rule-making body or which are necessary to compel enforcement of its adopted resolutions or ordinances. Any action taken by said chairman which is in conflict with such adopted resolutions or ordinances or which deals with matters exclusively reserved to the jurisdiction of said Board shall be null, void and of no effect.
"(e) The following powers are hereby vested in the Board of Commissioners and reserved to its exclusive jurisdiction:
"(1) To levy taxes.
"(2) To make appropriations.
"(3) To fix the rates-of all other charges by the County.
"(4) To authorize the incurring of indebtedness by the County.
"(5) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.
"(6) To authorize all contracts or binding agreements, except purchases and employment otherwise provided for in this Act.
"(7) To establish, alter or abolish public roads, private ways, bridges and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the Board of Commissioners for subdivisions have been met.
"(8) To establish, abolish, or change election precincts and militia districts according to law.
"(9) To allow the insolvent lists for the county.
"(10) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Commissioners of the county.

GEORGIA LAWS 1980 SESSION

4619

"(11) To exercise all powers, duties and authorities heretofore imposed upon or vested in the Commissioner of Rockdale County in respect to zoning and planning.
"(12) To create and change the boundaries of special taxing districts authorized by law.
"(13) To fix the bonds of county officers where same are not fixed by statute.
"(14) To enact any ordinances or other legislation the county may be given authority to enact.
"(15) To determine the priority of capital improvements.
"(16) To call elections for the voting of bonds.
"(17) To exercise all of the power and authority heretofore vested by law in the Commissioner of Rockdale County, together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power specifically given to the chairman by the provisions of this Act.
"(18) To make purchases of not more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county.
"(19) To make purchases in amounts of $5,000.00 or more, provided, however, that for any purchases in such amounts, advertisements for bids shall first be published for two (2) consecutive weeks in the official organ of Rockdale County. Formal sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. The purchase shall be made from the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of delivery. Advertisement and the obtaining of formal bids may be dispensed with when, in the discretion of the Board of Commissioners an emergency-exists which will not permit a delay. All such bids may be rejected by said Board and new bids may be sought

4620 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
in the manner provided for bids above. Said Board may negotiate for a lower price with all bidders after initially rejecting same but shall accept the lowest negotiated price from such initial bidders."
6. Section 15 of said Act shall hereby be amended in its entirety to read as follows:
"(a) The internal organization of the county government shall be subordinate to and act as administrative instrumentalities of the Commission and shall be divided into such departments and agencies as said Board shall deem necessary.
"(b) Such county departments and agencies may be created, abolished or any two (2) or more departments or agencies may be consolidated, from time to time, by a majority vote of the Board of Commissioners; except that the Department of Finance, as provided in this Act, shall be maintained at all times as a separate and distinct department."
7. Subsection (b) of Section 16 of said Act shall hereby be amended in its entirety to read as follows:
"(b) The Department of Finance shall, pursuant to the resolutions adopted by the Board of Commissioners and instructions, consistent with said resolutions, given by the chairman, perform the following functions:
"(1) Keep and maintain accurate records reflecting the financial affairs of the county.
"(2) Assist the Chairman in compiling the annual budget covering all funds.
"(3) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources.
"(4) Examine all claims against the county and make recommendations as to payment.
"(5) Maintain budgetary control accounts, showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended

GEORGIA LAWS 1980 SESSION

4621

balances of allotments, and all unallotted balances of appropriations.
"(6) Maintain proprietary accounts of the current assets and of the liabilities of all county funds.
"(7), Prepare and issue monthly financial reports on the operations of all county funds.
"(8) Maintain property control records of all county property, including equipment and stores, and to supervise stores.
"(9) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Board of Commissioners on Financial matters.
"(10) Perform such other duties as may be assigned by the Chairman or the Board of Commissioners or both."
8. Section 17 of said Act shall hereby be amended by repealing the phrase "at all times" in the last sentence of said section.
9. Section 13 of said Act shall hereby be amended in its entirety to read as follows:
"Section 13. Appointment, Removal, and Compensation of County Officials, Employees, Attorneys, the Executive Assistant, and Employees of Elected Officials.
"(a) Unless otherwise provided by paragraph (b) hereof or other provisions of this Act, all county employees shall be employed and dismissed and have their compensation set by the Chairman or a designee thereof subject to county budgetary provisions and any applicable civil service, merit system or personnel laws or ordinances.
"(b) All non-elected county officials, department heads, chiefs, directors, superintendents, or executives shall be appointed and removed by the Chairman with the consent of the Board of Commissioners. When a vacancy exists in any such office, the Chairman shall, within ninety (90) days, propose an appointment to which the Board of Commissioners consent; otherwise, said Board may fill the vacancy by majority vote.

4622 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"(c) The Board of Commissioners shall have the exclusive authority to appoint, remove and fix the compensation of the Executive Assistant, County Attorney, and any other attorney employed at county expense.
"(d) Elected county officials shall have the exclusive authority to appoint, remove and fix the compensation of the personnel within their respective offices subject to county budgetary provisions and any applicable civil service or merit system, state laws or county personnel ordinances; provided that, in the case of county personnel ordinances, the particular elected county official or a predecessor in that office must authorize in writing the inclusion of the employees of that office under the county personnel ordinance before said ordinance shall include such employees."
10. Section 18 of said Act shall hereby be amended in its entirety to read as follows:
"Section 18. Budget of Elected Officials.
"Each elected official who operates a county fund shall submit an annual budget to the Board of Commissioners on or before March 1, of each year. Said budget shall constitute a part of the budget submitted by the chairman governing expenditures of all county funds to the Board of Commissioners as prescribed in Section 19 of this Act; provided, however, said budget submitted by an elected official shall not be reduced or increased prior to submission to the Board of Commissioners."
11. Section 19 of said Act shall hereby be amended in its entirety to read as follows:
"Section 19. Budget and Appropriations.
"(a) The Chairman shall propose and submit to the Board of Commissioners, not later than May 1 of each year, a balanced county budget and an appropriations ordinance governing expenditures for the coming year of all county funds, including capital outlay, public works projects, as well as expenditures by and for all county elected officials.

GEORGIA LAWS 1980 SESSION

4623

"(b) Said Board shall thereafter hold a public hearing on the proposed county budget and the appropriations ordinance, giving notice thereof at least ten (10) days in advance by publication in the official organ of Rockdale County and by posting the same at the courthouse door.
"(c) The proposed budget and the appropriations ordinance shall thereafter be reviewed, amended and adopted by said Board before July 1 of the year to which they apply. If the Board fails to adopt a budget and an appropriations ordinance within the time provided in this section, then the prior year's level of appropriations for each budget unit shall continue proportionately month to month in an undifferentiated lump sum per such unit until a new appropriation is provided by said Board.
"(d) The adopted budget and appropriations ordinance may be revised during the year only by formal action of the Board of Commissioners in a public meeting and no increase in appropriations shall be made therein without provision also being made for financing same.
"(e) A copy of the adopted budget and appropriations ordinance hereunder shall be transmitted by the Chairman to the then current grand jury of the Superior Court of Rockdale County within ten (10) days of the adoption thereof."
12. Section 20 of said Act shall hereby be amended in its entirety to read as follows:
"Section 20. Expenditures.
"No expenditures of county funds shall be made except in accordance with the county appropriations ordinance, or amendments thereto, adopted by the Board of Commissioners. The Chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers."
13. Section 21 of said Act shall hereby be amended in its entirety to read as follows:
"Section 2 1. Audits and Financial Statements.

4624 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"The Board of Commissioners shall on or before July 31 annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to said Board annually. An annual financial report shall be submitted to the Board and shall be filed with the Department of Finance and made available for public inspection as other records in such office. Said Board shall cause to be published in the official organ of Rockdale County a statement of the financial condition of the county as of June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Rockdale County a copy of each annual financial report furnished by him to the Board of Commissioners."
Section 2. This Ordinance shall become effective on its second and final adoption as provided by law.
Section 3. All ordinances, or the Act or portions of the Act or parts thereof in conflict herewith are hereby repealed.
First adopted this 10th day of April, 1979.
Finally adopted this 24th day of April, 1979.
Board of Commissioners, Rockdale County, Georgia Is/ Heyward L. Woodward Is/ Herman A. Francis Isl Ray Magnusson
Attest:
Is/ C. A. Sandy Jones Ex-officio Clerk
Approved as to form:
Isl Sidney Nations County Attorney

GEORGIA LAWS 1980 SESSION

4625

Certification

I, C. A. "Sandy" Jones, Ex-Officio'of the Board of Commissioners of Rockdale County, hereby certify that the foregoing is a true and
correct copy of an original ordinance entitled: An Ordinance to amend an Act to create a Board of Commissioners For Rockdale County;... (Ga. L. 1977, page 2817); (As amended under the authority of the county home rule law by the Board of Commis-
i sioners of Rockdale County, Georgia on May 23, 1978). and that same was duly adopted by the Board of Commissioners of Rockdale County at a public meeting held on April 10, 1979 (First Reading) and April 24, 1979 (Second Reading) and I further certify thatsaid ordinance has been neither amended, modified nor repealed, but remains of force and effect.

In witness whereof, I hereunto set my hand and affix the seal of the County, this 2nd day of May, 1979.

(Seal)

u jig|! Q A. "Sandy" Jones
Ex-Officio Clerk Board of Commissioners Rockdale County

Affidavit of Publication.

Georgia, Rockdale County.

Personally appeared before the undersigned Jane O. Patterson who on oath says that she is advertising manager of The Rockdale Citizen, and that the legal advertisement which appears below was published in said newspaper on the following dates: April 5, 12 and 19, 1979.

7s/ Jane Patterson

Notice to the General Public Home Rule Amendement to House Bill No. 610.
Pursuant to Article IX, Section II, Paragraph I (Ga. Code Ann. 2-5901), the Board of Commissioners of Rockdale County, Georgia is considering amendment of House Bill 610, Ga. Laws 1977, page 2817, et. seq., the Local Act presently governing the County Govern-

4626 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ment of Rockdale County, Georgia. The amendments are concerned with the following general topics
of areas of local government: Definition of the term "Resolution"; clarification of the Chair-
man's use of a County owned automobile; changing the meeting time of day for the regular second Tuesday meeting; clarification of the powers of the Chairman of the Commission relative to purchasing of goods and general supervision of County affairs; appointment of a vice-chairman; clarification of the powers of the entire Board of Commissioners vis-a-vis the administrative powers of the Chairman; designation of exclusive areas of jurisdiction of the entire Board of Commissioners; reorganization of the internal operating departments and agencies of the County Government; redefinition of responsibilities of the Department of Finance; amendment of provisions regarding time periods of accessibility of Commission records to the public; enlarged provisions concerning the appointment, removal and ^Compensation of non-elected county officials, employees, attorneys, executive assistant and others; amendment of the procedures for submission of the budget by elected County officials; procedures for compilation of annual County budget and expenditures therefrom; and requirements for an annual audit for the County books and records.
This notice is intended as a synopsis of the proposed changes only and a copy of the proposed amendments is on file in the office of the Clerk of the Superior Court of Rockdale County for the purpose of examination and inspection by the general public. The Clerk of the Superior Court shall furnish anyone upon written request, a copy of the proposed amendment. 3tcA5, 12, 19
Sworn to and subscribed before me, this 1st day of May, 1979.
Is/ Jenell Orr Notary Public, Georgia, State At Large. My Commission Expires Jan. 12, 1982.
Filed in Office of Secretary of State May 4, 1979.

GEORGIA LAWS 1980 SESSION

4627

WHITFIELD COUNTY-PURCHASING.

Resolution

Be it resolved, by the Board of Commissioners of Whitfield County that the third sentence of Section 20 entitled "Centralized Purchasing" of the Act creating the Whitfield County Board of Commissioners (Georgia Laws 1964, Volume 2, page 2175, et seq.,:as amended) be deleted and that the following sentence substituted therefor pursuant to the provisions of Georgia Code Annotated 2-5901 (Article IX, Section II, Paragraph I of the Constitution of Georgia), to-wit:

"All purchases by Whitfield County in an amount in excess of $1,000.00 shall be by competitive bids and all purchases in an amount in excess of $7,500.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Whitfield County once a week for two weeks before the date of the purchase; however, the County Administrator of Whitfield County is
authorized to make purchases of an emergency nature for the repair and maintenance of County property without said purchases being based on competitive bids".

Be it further resolved, that the effective date of this Amendment be subsequent to its second adoption, namely, March 6, 1979.

This the 6th day of February, 1979.

Board of Commissioners of Whitfield County

Attest:

/si Leonard Cochran, Chairman Isl Jerry Albertson, Vice Chairman Is/ A. Michael, Member Is/ John R. Holcomb, Member Isl Roger Kubin, Member

Isl Lenard Whaley Secretary to Board of Commissioners and County Administrator

4628 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Resolution.
Be it resolved by the Board of Commissioners of Whitfield County, Georgia that the Resolution adopted February 6, 1979 amending that certain Act creating the Whitfield County Board of Commissioners (Georgia Laws, 1964, Volume II, page 2175, et seq. as amended) insofar as "centralized purchasing" is hereby readopted (with reference to said Resolution dated March 6, 1979 for a more full and complete description thereof being made) in its entirety as this Board's second adoption on this 6th day of March, 1979.
Georgia, Whitfield County.
Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Lenard Whaley, who after first being duly sworn, deposes and says under oath as follows:
"I am the administrator of Whitfield County, Georgia and am secretary to the board of commissioners thereof. Attached to this affidavit is a resolution Unanimously adopted by the Board of Commissioners of Whitfield County, Georgia at their regular February and March meetings, to-wit: February 6, 1979 and March 6, 1979 changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. I personally delivered a copy of the proposed Amendment to the Clerk of the Superior Court of Whitfield County, Georgia to file in order that the public could examine and inspect the Amendment immediately following the adoption of the Resolution on February 6, 1979."
Isi Lenard Whaley
Sworn to and subscribed before me, this 6th day of March, 1979.
Is/ Norma B. Travillian Notary Public, Whitfield County, Georgia (Notary Seal)

GEORGIA LAWS 1980 SESSION

4629

The Board of Commissioners of Whitfield County intends to amend the Act creating the Whitfield County Board of Commissioners pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia by changing the amounts of purchases which Whitfield County can make through competitive bids by increasing the sum of $250.00 to $1,000.00 in purchases by the County without competitive bids and by increasing the sum of $1,500.00 to $7,500.00 on the amount of county purchases by competitive bids after advertisement and further granting unto the county administrator to make emergency purchases for the maintenance and repair of county property without competitive bids. A copy of the proposed Amendment is on file in the office of the Clerk of the Superior Court of Whitfield County for the purpose of examination and inspection by the public.
Isl Lenard Whaley, Administrator Whitfield County, Georgia

Georgia, Whitfield County.
Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Neely Young, who after first being duly sworn, deposes and says under oath as follows:
"I am the publisher of The Daily Citizen-News, the Official Gazette of Whitfield County, Georgia in which sheriff's advertisements appear. Attached to this affidavit is a copy of the required notice of publication as delivered to The Daily Citizen-News by the administrator of Whitfield County, Georgia, changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. The notice attached was published in The Daily Citizen-News once a week for three weeks and within a period of sixty days preceding its final adoption on March 6, 1979, namely, February 16, 1979, February 23, 1979 and March 2, 1979".
,/s/ Neely Young

4630 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 6th day of March, 1979.
Is/ Jacqueline Kech Notary Public, Whitfield County, Georgia.
(Notary Seal) Filed in Office of Secretary of State March 9, 1979.
WHITFIELD COUNTYgMEETINGS OF BOARD OF COMMISSIONERS.
Resolution
Be it resolved, by the Board of Commissioners of Whitfield County that the first sentence of Section 5 entitled "Meetings" of the Act creating the Whitfield County Board of Commissioners (Georgia Laws 1964, Volume II, page 2175, et seq. as amended) be deleted and the following sentence substituted therefor pursuant to the provisions of Georgia Code Annotated 2-5901 (Article IX, Section II) Paragraph I of the Constitution of Georgia and the following sentence substituted therefor, to-wit:
"The Board of Commissioners shall hold a regular business meeting on the second Tuesday in each month at 7:00 o'clock, P.M. at the Courthouse in Whitfield County, Georgia and said meeting may be adjourned from day-to-day until all business is completed".
Be it further resolved, that the effective date of the above change of said Act is May 1, 1979.
Board of Commissioners of Whitfield County
/s/`'Leonard Cochran, Chairman Isl Jerry Albertson, Vice Chairman /si A. Michael, Member Isl John R. Holcomb, Member Isl Roger Kubin, Member

GEORGIA LAWS 1980 SESSION

4631

Attest:
1st Lenard Whaley Secretary to Board of Commissioners and County Administrator
Georgia, Whitfield County.
Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Lenard Whaley, who after first being duly sworn, deposes and says under oath as follows:
"I am the administrator of Whitfield County, Georgia and am secretary to the board of commissioners thereof. Attached to this affidavit is a resolution unanimously adopted by the Board of Commissioners of Whitfield County, Georgia at their regular March and April meetings, to-wit: March 6, 1979 and April 3, 1979 in which certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia were changed pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. I personally delivered a copy of the proposed Amendment to the Clerk of the Superior Court of Whitfield County, Georgia to file in order that the public could examine and inspect the Amendment immediately following the adoption of the Resolution on March 6, 1979."
Is/ Lenard Whaley
Sworn to and subscribed before me, this 3rd day of April, 1979.
Isl Melva A. Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 27, 1980. (Seal).
Legal Notice
The Board of Commissioners of Whitfield County intends to amend the Act creating the Whitfield County Board of Commis-

4632 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sioners by the changing of the regular business meeting date from 10:00 o'clock, A.M. on the first Tuesday of each month to 7:00 o'clock, P.M. on the second Tuesday of each month effective May 1, 1979 pursuant ot the provisions of the County Home Rule Provisions of the Constitution of Georgia.
A copy of the proposed Amendment is on file in the Office of the Clerk of the Superior Court of Whitfield County for the purpose of examination and inspection by the public.
Isl Lenard Whaley, Administrator Whitfield County, Georgia
Georgia, Whitfield County.
Personally appeared before me, the undersigned attesting officer, who by law has authority to administer an oath, Neely Young, who after first being duly sworn, deposes and says under oath as follows:
"I am the publisher of The Daily Citizen-News, the official gazette of Whitfield County, Georgia in which sheriff's advertisements appear. Attached to this affidavit is a copy of the required notice of publication as delivered to the Daily Citizen-News by the Administrator of Whitfield County, Georgia changing certain provisions of the Act creating the Board of Commissioners of Whitfield County, Georgia pursuant to the provisions of Article IX, Section II, Paragraph I of the Constitution of Georgia. The notice attached was published in The Daily Citizen-News once a week for three (3) weeks and within a period of sixty (60) days preceding its final adoption on April 3, 1979, namely, March 16, March 23rd and March 30th, 1979."
Is/ Neely Young
Sworn to and subscribed before me, this 3rd day of April, 1979.
Is/ Norma B. Travillian Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979.
Filed in Office of Secretary of State April 13, 1980.

GEORGIA LAWS 1980 SESSION

4633

CHARTER AMENDMENTS ADOPTED
PURSUANT TO
THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

145--2

4634 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
CITY OF ALBANY-IMPROVEMENT OF ALLEYS.
An Ordinance entitled an Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of tne City of Albany, Georgia, so as to provide additional powers for the improvement of alleys in the City of Albany and the assessment of the costs thereof; repealing all laws and charter provisions or parts of laws and charter provisions in conflict; and for other purposes.
Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by authority of same:
Section 1. Section 33 (A) of the charter of the City of Albany is amended by inserting and drdaining an additional paragraph, to appear between the second and third paragraphs of said section 33 (A), and to read as follows:
"In addition to the foregoing authority, the City of Albany, upon the signed petition of the owners of seventy-five percent (75%) of the front footage of the property adjacent to any alley within said City, shall have the power to drain, grade and pave said alley, the total costs thereof to be paid by the adjacent land owners, fifty percent (50%) thereof by the owners of the land on each side of said alley, without any part of the cost thereof to be borne by the City; provided, however, that all of the procedures prescribed above relating to notice to property owner and procedures for determining and assessing the cost of improvement projects are applicable and shall be observed."
Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.
Section 3. All charter provisions and laws or parts of charter provisions and laws in conflict herewith are repealed.
Isl James H. Gray Mayor

GEORGIA LAWS 1980 SESSION

4635

Attest:
Isl Barbara Gerald Clerk
Adopted: Nov. 13, 1979. Adopted: Nov. 30, 1979.
December 12, 1979.
I certify that this is a true and correct copy.
Isl Joann Pope Acting City Clerk
Affidavit of Publisher.
Georgia, Dougherty County.
Personally appeared before the undersigned, an officer authorized to administer oaths in said State and county, Barbara C. Jones, who having been sworn, states that (s)he is business manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as exhibit "A", was published in the Albany Herald once a week for three weeks on the following dates: October 25, November 1, and November 8, 1979.
Isl Barbara C. Jones

Sworn to and subscribed before me, this 12th day of December, 1979.
Isl Pauline Buckner Notary Public My Commission Expires May 24, 1981.

4636 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice.
Notice is given that there has been filed with the clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend section 33 (A) of the charter of the City of Albany so as to prescribe additional powers for the improvement of alleys in the City of Albany and for the assessment of one hundred per cent (100%) of the costs thereof against the adjoining property owners.
A copy of said ordinance is on file in the office of the clerk of tbe City of Albany, Georgia, and a copy thereof is also on file in the office of the clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for the purpose of examination or inspection by the public.
City of Albany
Is/ James V. Davis City Attorney
Exhibit A
Filed in Office of Secretary of State December 31,1979.
CITY OF ATLANTA-TAXES
An Ordinance to amend the charter of the City of Atlanta, (Ga. L. 1973, p-2188, approved March 16, 1973), so as to amend section 6-101, paragraph (f) in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes: so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization: to repeal conflicting laws: and for other purposes.
Be and it is hereby ordained by the Council of the City of Atlanta, Georgia, as follows:

GEORGIA LAWS 1980 SESSION

4637

Section 1: That Section 6-101, paragraph (f) of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, et. seq., approved March 16, 1973), as amended, is hereby amended by repealing said section in its entirety and substituting in lieu thereof a new paragraph (f) which shall read as follows:

(f) The governing body shall be authorized to assess levy, and impose taxes on lots and lot owners for sanitary purposes in such
amount, rates or methods of assessment and taxation as it may in its discretion deem proper; provided further the governing body shall be
authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from date of assessment. The governing body shall be authorized to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, that assessments shall be made on vacant lots as follows: A front footage fee shall be assessed in accordance with the zoned property category of residential, apartment, or commercial and no unit fee shall be assessed. Resident lots shall not be subdivided for assessment except where they have two or more houses used or intended for use as separate tenements built upon them, in which case a sanitary assessment may be levied against the lot for each house situated thereon.

Section 2: That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973 p. 2818, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Office of the Clerk of the Superior Court of Fulton County and DeKalb County that "Notice of Proposed Amendment to Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published.

4638 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Section 3: All laws and parts of laws in conflict herewith are hereby repealed.

A true copy Isl Jessy C. Bearden
Deputy Clerk of Council

Adopted by City Council Jan. 2, 1979 Approved by the Mayor Jan. 10, 1979

Notice of Proposed Amendment to Charter of the City of Atlanta

Notice is hereby given than an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p-2188, approved March 16, 1973), so as to amend section 6-101, paragraph (f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes: so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization; to repeal conflicting laws; and for other purposes.

A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the office of the clerk of the superior court of Fulton and DeKalb counties, Georgia, for the purpose of examination and inspection by the public.

This the day of

,1978.

/si Larry M. Dingle Clerk of Council City of Atlanta

"Exhibit A"

Affidavit of Publication.

Georgia, Fulton County.

Personally appeared before me, the undersigned notary public, who after being sworn, states under oath that he/she is the represen-

GEORGIA LAWS 1980 SESSION

4639

tative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on December 14, 21, & 28.

Is/ Pam Mayfield

Sworn to and subscribed before me, this 22nd day of Jan. 1979.
|/s/ Jack A. Donley1 Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.

Publisher's Affidavit.

Georgia, Fulton County.

Before me, the undersigned, a notary public, this day personally

came Bessie K. Crowell, who, being first duly sworn, according to

law, says that he is the pres, of the Daily Report Company,

publishers of the Fulton County Daily Report, official newspaper

published at Atlanta, in said county and State, and that the publica-

tion, of which the annexed is a true copy, was published in said paper

on the 14, 21 & 28 days of Dec., 1978, and on the

days

of

,19 As provided by law.

Is/ Bessie K. Crowell

Notice of Proposed Amendment to Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the charter of The City of Atlanta, (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend section 6-101, paragraph

4640 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes; so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization: to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the office of the clerk of the Superior Court of Fulton and DeKalb Counties. Georgia, for the purpose of examination and inspection by the public.
This the 7th day of December, 1978.
Isl Larry M. Dingle Clerk of Council City of Atlanta
Subscribed and sworn to before me, this 29th day of Dec., 1978.
Isl Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of proposed city of Atlanta charter amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14, 21, 28th day of Dec., 1978.
Is/ Gerald W. Crane, Publisher
Is/ Linda Orr, Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

GEORGIA LAWS 1980 SESSION

4641

Notice of Proposed Amendment to Charter of
the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga. L. 1973, p-2188, approved March 16, 1973), so as to amend section 6-101, paragraph (f), in order to authorize the governing body to assess, levy, and impose taxes on vacant lots and lot owners for sanitary purposes; so as to provide for the publication in a newspaper of general circulation with respect to such proposed authorization; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the Office of the clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 7th day of December, 1978.
Larry M. Dingle Clerk of Council City of Atlanta
Sworn to and subscribed before me, this 28th day of Dec., 1978.
Isl B. Lynn Crane Notary Public, Georgia State at Large. My Commission expires June 20, 1980.
(Seal)
Filed in Office of Secretary of State January 30, 1979.

+642 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF ATLANTA--SECTION 5-302(b) OF CHARTER REPEALED.
An ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to amend section 5-302(b) of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting ordinances; and for other purposes.
Be it ordained and enacted by the Council of the City of Atlanta, as follows:
Section 1. Section 5-302(b) of the Charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by striking and repealing said subsection in its entirety.
Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published.
Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed.
A true copy Is/ Jessy C. Bearden
Deputy Clerk of Council
Adopted by City Council March 19, 1979. Approved by the Mayor March 19, 1979.

GEORGIA LAWS 1980 SESSION

4643

Notice of Proposed Amendment to the Charter of the City of Atlanta

Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting Ordinances; and for other purposes.

A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This day of

,1979.

Is/ Larry Dingle, Clerk of Council City of Atlanta

"Exhibit A"
Notice of Proposed Amendment to the charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting Ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 21st day of February, 1979.
Isl Larry Dingle, Clerk of Council City of Atlanta

4644 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publication
Fulton County, State of Georgia.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on February 26, 1979, March 5, 1979, and March 12, 1979.
Isl Becky Busby
Sworn to and subscribed before me, this 2nd day of April, 1979.
Isl Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.
Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 21st day of February, 1979.
Larry M. Dingle, Clerk of Council City of Atlanta

GEORGIA LAWS 1980 SESSION

4645

Publisher's Certificate
DeKalb County, State of Georgia.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of proposed amendment to charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 1,8,15th day of March, 1979.
Isi Gerald W. Crane, Publisher Linda L. Orr, Agent.
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 15th day of March, 1979.
Isi Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.
(Seal)
Publisher's Affidavit
Fulton County, State of Georgia.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 26th day of February, 1979, and on the 5th and 28th days of March, 1979. As provided by law.
Is/ Frances K. Beck

4646 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend section 5-302(b) of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188 et seq.), approved March 16, 1973, as amended, so as to repeal said subsection in its entirety; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 21st day of February, 1979.
Larry Dingle, Clerk of Council City of Atlanta. February 26, March 5, 28, 1979.
Subscribed and sworn to before me, this 29th day of March, 1979.
Isl Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires October 24, 1979.
Filed in office of Secretary of State, April 12, 1979.
CITY OF ATLANTA-PARKS AND RECREATION, CULTURAL AFFAIRS.
An Ordinance to amend the charter of the City of Atlanta so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs; to repeal conflicting ordinances; and for other purposes.
Be it ordained by the Council of the City of Atlanta, as follows:

GEORGIA LAWS 1980 SESSION

4647

Section 1. That section 8-101 of the charter of the City of Atlanta is hereby amended by striking subparagraph (4)' in its entirety, by renumbering sequentially the remaining subparagraphs thereof, and by adding the following new subparagraphs:
"(9) Department of parks and recreation to be headed by a commissioner of parks and recreation; and
(10) Department of cultural affairs to be headed by a commissioner of cultural affairs."
Section 2. That section 8-116 of the charter of the City of Atlanta is hereby amended by striking section 8-116 in its entirety, and by inserting in lieu thereof the following:
"Section 8-116. Office of the Commissioner of Parks and Recreation. In addition to the qualifications set out, the commissioner of parks and recreation shall possess experience at a senior supervisory level in at least one of the following fields: recreation, park planning, park management.
This experience may be either in private or public employment."
1 Sfection 3. That section 8-117 of the charter of the City of Atlanta is hereby amended by striking said section in its entirety and by inserting in lieu thereof the following:
"Section 8-117. Functions and Duties of the Department of Parks and Recreation. The functions and duties of the department of parks and recreation shall include:
(I) Planning, promoting, organizing and supervising a comprehensive municipal program of recreation; supervising the recreational use of playgrounds, playfields, recreation centers, swimming pools, ball diamonds, athletic fields and other park and recreation facilities;11
(2) Administration and maintenance of all parks, park facilities, park property and the City cemetery; administration and enforcement of all ordinances for the protection of trees and shrubbery; maintenance of all trees on City property and City rights-of-way; and

4648 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Operation and scheduling of the use of the zoo, cyclorama, parks and other special facilities of the City for recreation.
Section 4. That section 8-118 of the Charter of the City of Atlanta is hereby amended by striking said section in its entirety and by inserting in lieu thereof the following:
"Section 8-118. Office of the Commissioner of Cultural Affairs. In addition to the general qualifications set out, the commissioner of cultural affairs shall possess experience at a senior supervisory level in at least one of the following fields: convention facility management, management of cultural organizations, or cultural organizations, or cultural program administration. This experience may be either in private or public employment.
Section 5. That section 8-119 of the Charter of the City of Atlanta is hereby amended by striking section 8-119 in its entirety and by inserting in lieu thereof the following:
"Section 8-119. Functions and Duties of the Department of Cultural Affairs. The functions and duties of the department of cultural affairs shall include:
(1) Development and implementation of a program for identifying, acquiring, and preserving historic sites; and
(2) Administration of a program of municipal support of the arts."
(3) Operation and scheduling of the civic center and municipal auditorium.
Section 6. That a copy of this propsoed amendment to the charter of the City of Atlanta shall be filed in the office of the clerk of council and offices of the clerks of the superior courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta", attached hereto, marked "Exhibit A", and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta, and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published.

GEORGIA LAWS 1980 SESSION

4649

Section 7. That this ordinance shall become effective on June 25, 1979.
Section 8. That all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed.
A true copy Is/ Jessy C. Bearden
Deputy Clerk of Council
Adopted by City Council April 2, 1979.
Approved by the Mayor April 7, 1979.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the charter of the City of Atlanta so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, to repeal conflicting ordinances; and for other purposes.
A copy of the propsed amendment is on file in the office, of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This the 13th day of March, 1979.
Isl Larry M. Dingle Clerk of Council City of Atlanta

Affidavit of Publication.
Georgia, Fulton County.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta

4650 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution March 29, April 5, April 12, 1979.
IsI Becky Busby
Sworn to and subscribed before me, This 17 day of April, 1979.
Is/ Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This the 14th day of March, 1979.
Isl Larry Dingle Clerk of Council City of Atlanta
Publisher's Affidavit.
Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn according to law,

GEORGIA LAWS 1980 SESSION

4651

says that she is the Vice President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of March, 1979, and on the 5th and 12 days of April, 1979. As provided by law.
Isi Frances K. Beck
Subscribed and sworn to before me, this 13th day of April, 1979.
Isl Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend the charter of the City of Atlanta so as to abolish the Department of Parks, Libraries and Cultural Affairs, to create a Department of Parks and Recreation, and a Department of Cultural Affairs, to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This the 14th day of March, 1979.
,r,s/,. Larry Dingle I Clerk of Council City of Atlanta
Publisher's Certificate.
Georgia, DeKalb County.
Personally appeared before me, the undersigned, a notary public, within and for said countx and State, Gerald Wm. Crane Co.-

4652 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of City of Atlanta charter amendment, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 29, 5, 12th day of March, April, 1979.
Is/ Gerald W. Crane, Co-Publisher Is/ Linda L. Orr, Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. ^
Sworn to and subscribed before me, this 12th day of April, 1979.
/si Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal).
Filed in the Office of Secretary of State April 24, 1979.
CITY OF ATLANTA-EXECUTIVE BRANCH OF GOVERNMENT.
An Ordinance to amend an ordinance specifying the names of the Executive Branch of the government, setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head. Adopted March 4, 1974 and Approved March 7, 1974, as amended, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections.
Be and it is hereby Ordained by the Council of the City of Atlanta, Georgia as follows:

GEORGIA LAWS 1980 SESSION

4653

Section I: That Part II, Section 7 of the Ordinance adopted by the Council of the City of Atlanta on March 4, 1974 and approved by the Mayor on March 7, 1974, as amended, relating to the organization of the Executive Branch of the Government of the City of Atlanta, is hereby amended by deleting Section 7 (b) (1) "The Bureau of Traffic Engineering" and substituting in lieu thereof "The Bureau of Traffic and Transportation".
Section II: That Part II, Section 7 (c) of said ordinance is hereby amended by striking said Part II, Section 7 (c) (1) in its entirety and substituting in lieu thereof the following:
Section 7 (c) (1) Develop, design, implement and maintain a traffic management network which will include, but not be limited to a system of traffic signals, street and highway illumination, street markings, lane controls and other traffic management devices; conduct traffic engineering investigations of existing and anticipated vehicular and pedestrian movement problems; regulate street rightsof-way as it pertains to movement of vehicular and pedestrian traffic; conduct traffic planning research and evaluation; develop initiatives, policies and programs to ensure adequate on- street and offstreet parking; participate in the City's transportation policy planning process with other City Departments and outside Agencies; coordinate the City's transportation system planning, design, implementation, evaluation and management process with other City Departments, Local, Regional, State, and Federal Agencies; review all actions and activities which may affect the City's traffic and transportation management programs.
Section III: That a copy of this proposed amendment to the ordinance adopted by the Council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, as amended, relating to the organization of the Executive Branch of the government of the City of Atlanta, as amended, shall be filed in the Office of the clerk of council and in the offices of the clerk of the Superior Courts of Fulton County and DeKalb County and that the notice of proposed amendment to an ordinance adopted by the council of the City of Atlanta on March 4, 1974, and approved by the Mayor on March 7, 1974, relating to the organization of the Executive Branch of the government of the City of Atlanta, attached hereto, marked "Exhibit A" and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the Ci-

4654 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ty of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published.

Section IV: That all laws or ordinances or parts of laws or ordinances in conflict therewith are hereby repealed.

Notice of Proposed Amendment to the Charter of the City of Atlanta.

Notice is hereby given that an Ordinance has been introduced to amend an ordinance specifying the names of the executive branch of the government setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; to repeal conflicting laws and ordinances; and for other purposes.

A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This

day of

,1979.

Isl Larry M. Dingle Clerk of Council, City of Atlanta

"Exhibit A"

Notice of Proposed Amendment to the Charter of the City of Atlanta.

Notice is hereby given that an ordinance has been introduced to amend an ordinance specifying the names of the executive branch of the government setting forth the duties and functions of each department thereof, and defining the internal organization of each depart-

GEORGIA LAWS 1980 SESSION

4655

merit, including professional and technical qualifications of each department head, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 13th day of July, 1979.
Larry M. Dingle, Clerk of Council, City of Atlanta

Publisher's Certificate.
Georgia, DeKalb County/
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Copublisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of July, Aug., 1979.
Isl Gerald W.Crane Co-Publisher
(by) Linda L. Orr Agent
Acknowledgement of the publisher must be made before a notary public or other official authorized to administer oaths.

4656 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of Aug., 1979.
Isf Samme K. Toycen Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1982. (Seal).
Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an Ordinance has been introduced to amend an ordinance, specifying the names of the executive branch of the government setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purposes of examination and inspection by the public.
This 13th day of July, 1979.
Larry M. Dingle, Clerk of Council, City of Atlanta
Affidavit of Publication.
Georgia, Fulton County.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday),

GEORGIA LAWS 1980 SESSION

4657

Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Journal and the Atlanta Constitution July 19, 26, and August 2, 1979.
Is/ Janet Schwartz
Sworn to and subscribed before me, this 8th day of August, 1979.
Is/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.

Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend an ordinance specifying the names of the executive branch of the government setting forth the duties and functions of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head, said ordinance having been adopted March 4, 1974 and approved March 7, 1974, so as to modify certain divisions and sections of said ordinance and to substitute and add certain sections; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the superior courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 13th day of July, 1979.
Larry M. Dingle Clerk of Council City of Atlanta

4658 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Exhibit A"
July 19, 26, Aug 2, 1979.
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 19th and 26th days of July, 1979, and on the 2nd day of Aug., 1979. As provided by law.
/si Frances K. Beck
Subscribed and sworn to before me, this 3rd day of Aug. 1979.
Is/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
Filed in Office of Secretary of State August 20, 1979.
CITY OF ATLANTA-EXECUTIVE BRANCH OF GOVERNMENT, BUREAUS.
An ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, P. 298, ET SEQ.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia which section sets forth the provisions, so as to provide (1) that each department may be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of

GEORGIA LAWS 1980 SESSION

4659

police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and the chief of police shall be subject to removal; to repeal conflicting ordinances; and for other purposies.
Be it ordained and enacted by the Council of the City of Atlanta, as follows:
Section 1. That section 8-105 of the charter of the City of Atlanta, which section provides the following:
"(a) Each department operating under the executive branch may be divided into bureaus or offices;
(b) Each bureau or office shall be under the direct supervision and control of a director appointed by the mayor, each of whom shall be in the unclassified civil service, and shall be subject to the detailed direction and supervision by the department head of the department. Each bureau or office director shall be appointed to a term of four (4) years and shall be subject to removal as provided in the charter with respect to department heads, except that the council may override the mayor's removal only upon a vote of two-thirds (2/3) of the total membership of the council. Vacancies in a bureau or office director position shall be filled for the unexpired portion of the term as provided for above.";
Shall be amended so that section 8-105, when amended, shall read as follows:
"(a) Each department operating under the Executive Branch may be divided into bureaus.
(b) Each bureau shall be headed by a director appointed by the mayor who shall, subject to the detailed direction and supervision by the department head of the department, direct and supervise the operations of the bureau. Any orders, directions, practices, procedures, policies, regulations or other actions of the bureau directors may be changed, altered, amended or rescinded by the head of the department under whose jurisdiction the bureau lies or by the mayor.

4660 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) In addition to a director of the bureau of police services, there shall be in the department of public safety a chief of police who shall be the equivalent of a deputy commissioner in the department of public safety and who shall be in the unclassified civil service; and provided further, the chief of police shall, when delegated by the commissioner of the department of public safety, have all of the power and authority of a department head with regard to the Atlanta Bureau of Police Services so as to supervise the day-to-day operation of all divisions, units and commands in the bureau of police services and he or she shall be responsible for the recommendation, implementation and enforcement of rules, regulations and procedures affecting the bureau of police services; and provided further, the chief of police shall be appointed by the mayor and confirmed by the council for a term not to exceed March 31,1980.
(d) Each bureau director shall be appointed to a term of four (4) years, except that any person serving as a director of a department or as a department head of the government of the City of Atlanta on the effective date of the new charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.), who is appointed to and accepts the position of bureau director shall serve a term as bureau director equivalent to the remaining years of the term of the office said person previously held.
(e) Each bureau director and the chief of police shall be subject to removal as provided in the charter with respect to department heads, except that the council may override the mayor's removal only upon a vote of two-thirds (2/3) of the total membership of the council. Vacancies in the bureau director position shall be filled for the unexpired portion of the term by the method as provided for above."
Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement is attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.

GEORGIA LAWS 1980 SESSION

4661

Section 3. That all laws, ordinances, and parts of laws and ordinances in conflict herewith are hereby repealed.
Adopted by Atlanta City Council August 6, 1979 Returned to Clerk of Council without Action by Mayor Approved per Section 2-403 of 1974 Charter
A true copy, Isi Jessy C. Bearden
Deputy Clerk of Council
Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each^department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; to repeal conflicting ordinances and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 16th day of July, 1979.
/s/ Larry Dingle Clerk of Council City of Atlanta
Exhibit A
Notice of Proposed Amendment to the Charter of the City of Atlanta.
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the Charter of the City of Atlanta (Georgia L.

4662 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1973, p.2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; to repeal conflicting ordinances and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 16th day of July, 1979.
Larry Dingle Clerk of Council City of Atlanta
Affidavit of Publication. Georgia, Fulton County.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Journal and The Atlanta Constitution July 19, 26, and August 2, 1979.
Isl Janet Schwartz
Sworn to and subscribed before me, this 16th day of August, 1979.
Is/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.

GEORGIA LAWS 1980 SESSION

4663

Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; to repeal conflicting ordinances and for other purposes.
A copy of the proposed amendment is on file in the office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 16th day of July, 1979.
Larry Dingle Clerk of Council City of Atlanta
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta--Amend Section 8-105; a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26, 2nd day of July, Aug. 1979.
Is/ Gerald W. Crane Co-Publisher
Isl Linda L. Orr Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

4664 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 2nd day of Aug., 1979.
Is/ Samme K. Toycen Notary Public, Georgia State at Large. My Commission Expires Jan. 4, 1982. (Seal)
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an Ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta (Georgia L. 1973, p. 2188 et seq.), approved on March 16, 1973, as amended, so as to provide (1) that each department shall be divided into bureaus; (2) that each bureau shall be headed by a director; (3) that the bureau of police services shall be headed by a chief of police; (4) that each bureau director shall be appointed for four years; and (5) that each bureau director and chief of police shall be subject to removal; to repeal conflicting ordinances and for other purposes.
A copy of the proposed amendment is on file in the Office of the clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton County and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 16th day of July, 1979.
Larry Dingle Clerk of Council City of Atlanta
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper

GEORGIA LAWS 1980 SESSION

4665

on the 19th and 26th days of July, 1979, and on the 2nd day of Aug., 1979. As provided by law.
/$/ Frances K. Beck
Subscribed and sworn to before me, this 3rd day of Aug., 1979.
/sjj Mildred N. Lazenby , .hjotary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
File in Office of Secretary of State August 27, 1979.

CITY OF ATLANTA-DIRECTOR OF BUREAU OF POLICE SERVICES.
An ordinance adopted under and by virtue of the authority of The Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298, et seq.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes.
Be it ordained and enacted by the council of the City of Atlanta, as follows:
Section 1. Section 8-105(d) is hereby amended by adding thereto, at the end of said section, the following:
"provided however, that as to the director of the bureau of police services, said appointment shall be subject to council confirmation.",
so that when amended, said section shall provide as follows:
"(d) Each bureau director shall be appointed to a term of four (4) years, except that any person serving as a director of a department or a14s6--a2department head of the government of the City of Atlanta on the

4666 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
effective date of the new Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq.), who is appointed to and accepts the position of bureau director shall serve a term as bureau director equivalent to the remaining years of the term of office said person previously held; provided however, that as to the director of the bureau of police services, said appointment shall be subject to council confirmation.
Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the offices of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Council of the City of Atlanta.
Section 3. All laws and ordinances and parts of laws and ordinances in conflict herewith are hereby repealed.
Adopted by Atlanta City Council September 17, 1979 Returned to Clerk of Council without action by Mayor Approved per Section 2-403 of the 1974 Charter of Atlanta.
A true copy,
/s/ Jessy C. Bearden Deputy Clerk of Council
Notice of Proposed Amendment to The Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973,.as amended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes.

GEORGIA LAWS 1980 SESSION

4667

A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This day of

'i^il979.

/si Larry Dingle Clerk of Council City of Atlanta
EXHIBIT "A"
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend Section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 21 st day of August, 1979.
Larry Dingle Clerk of Council, City of Atlanta
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper

4668 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 30th day of Aug., 1979, and on the 6th and 13th days of Sept., 1979. As provided by law.
Isi Frances K. Beck
Subscribed and sworn to before me, this 14th day of Sept., 1979.
Isl Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the Charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, asamended, so as to provide that the appointment of the director of the bureau of police services shall be subject to council confirmation; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 21 st day of August, 1979.
Larry Dingle Clerk of Council City of Atlanta
Publisher's Certificate
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of the Decatur-DeKalb News/Era, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly

GEORGIA LAWS 1980 SESSION

4669

sworn, states on oath that the report of Notice of Proposed Amendment 8-105, (Director of Bureau of Police Svc,), a true copy of which is hereto annexed, was published in said newspaper in its issue of the 30,6, 13th day of Aug., Sept., 1979.
Is/ Gerald W. Crane Co-publisher
Is/ Linda L. Orr Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

Sworn to and subscribed before me, this 13th day of Sept. 1979.
Is/- i B. Lynn Crane Notary Public, Georgia, State at Large. My Commission Expires June 20, 1980. (Seal)

Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta, (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend Article III, Chapter I, so as to provide that the major shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council, and to remove or suspend any directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter, so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment to the charter is on file in the office of the clerk of Council of the City of Atlanta and the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties,

4670 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Georgia, for the purpose of examination and inspection by the public.
This the 21st day of August, 1979.
Larry Dingle Clerk of Council City of Atlanta
Affidavit of Publication
Georgia, Fulton County.
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution August 30, Sept. 6 and 13, 1979.
Isl Janet Schwartz
Sworn to and subscribed before me, This 26th day of September, 1979.
Isl Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981.
Filed in Office of Secretary of State October 9, 1979.

GEORGIA LAWS 1980 SESSION

4671

CITY OF ATLANTA-MAYOR'S VETO
An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 et seq.) as amended, to amend section 2-403 of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto; to repeal conflicting ordinances; and for other purposes.., .
Be it ordained and enacted by the Council of the City of Atlanta, as follows:
Section 1. Section 2-403 of the charter of the City of Atlanta, Georgia (Ga. Laws 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by striking said Section in its entirety and substituting in lieu thereof the following:
"Every ordinance or resolution by the council shall be signed by the president of the council, certified by the clerk of council and presented to the mayor's office within two (2) calendar days following its adoption. The mayor shall approve or veto the ordinance or resolution within eight (8) calendar days after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the mayor vetoes an ordinance or resolution, he shall within two (2) business days of such veto return it to the council accompanied by a written statement of the reasons for his veto. If the council shall pass the ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the mayor's veto, it shall become law without his approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval. The mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the council over the mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution. (Ga. L. 1973, p. 2188)."

4672 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the office of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the council of the City of Atlanta.
Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes.

A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This

day of

-,1979.

Is/ Larry Dingle, Clerk of Council City of Atlanta

GEORGIA LAWS 1980 SESSION

4673

"Exhibit A"
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 8th day of August, 1979.
Is/ Larry Dingle, Clerk of Council City of Atlanta

Affidavit of Publication.
Georgia, Fulton County.
Personally appeared before me, the undersigned Notary Public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution August 16, 23, and 30, 1979.
Isi Janet Schwartz

4674 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 5 day of September, 1979.
/s/ Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 8th day of August, 1979.
Is/ Larry Dingle, Clerk of Council City of Atlanta
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane Co.publisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 16, 23, 30th day of Aug. 1979.
i/s/; Gerald W. Crane Co--publisher (by) Linda L. Orr, Agent

GEORGIA LAWS 1980 SESSION

4675

Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 30th day of August, 1979.
Isl Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal).
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 2-403 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to provide that the council shall pass an ordinance or resolution by a vote of two-thirds (2/3) of its total membership at the regular meeting next held after the ordinance or resolution has been returned with the Mayor's veto; to repeal conflicting ordinances, and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 8th day of August, 1979.
Isl Larry Dingle, Clerk of Council City of Atlanta
Affidavit of Publication.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State,

4676 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and that the publication, of which the annexed is a true copy, was published in said paper on the 17th, 23rd and 30th days of August, 1979. As provided by law.
Isl Frances K. Beck
Subscribed and sworn to before me, this 31st day of August, 1979.
Is/. Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
Filed in Office of Secretary of State October 12, 1979.
CITY OF ATLANTAgCHIEF OF POLICE.
An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. Laws, 1965 p. 298, et seq.) as amended, to amend section 8-105 of the charter of the City of Atlanta, Georgia, so as to abolish the position of chief of police within the City of Atlanta Bureau of Police Services; to repeal conflicting ordinances; and for other purposes.
Be it ordained and enacted by the Council of the City of Atlanta, as follows:
Section 1. Section 8-105(c) of the charter of the City of Atlanta, which section provides for the creation of the position of chief of police is hereby repealed in its entirety.
Section 2. Section 8-105(e) is hereby amended by striking therefrom, the words ''and the chief of police" as such words appear in the first sentence of said subsection (e).
Section 3. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the offices of the clerk of council

GEORGIA LAWS 1980 SESSION

4677

and in the offices of the clerks of the Superior Courts of Fulton County and DeKalb County and that "Notice of Proposed Amendment to the Charter of the City of Atlanta" attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the council of the City of Atlanta.

Section 4. All laws and ordinances and parts of laws and ordinances in conflict herewith ate hereby repealed.

Notice of Proposed Amendment to the Charter of the City of Atlanta

Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes.

A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This

dayof

,1979.

Isl Larry Dingle, Clerk of Council City of Atlanta

"Exhibit A"
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta

4678 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bureau of police services; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 5th day of September, 1979.
Is/ Larry Dingle, Clerk of Council City of Atlanta
Publisher's Certificate
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public \yithin and for said county and State, Gerald Wm. Crane Copublisher of the Deeatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia who, being duly sworn, states on oath that the report of Notice of Proposed Amendment to the Charter of the City of Atlanta a true copy of which is hereto annexed, was published in said newspaper in its issue of the 13, 20, 27th day of Sept., 1979.
Is/ Gerald W. Crane Co-publisher (by) Linda L. Orr, Agent
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 27th day of September, 1979.
Isl Samme K. Toycen Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. (Seal).

GEORGIA LAWS 1980 SESSION

4679

Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes.
A copy of the prot osed amendment is. on file in the office-of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. !
This 5th day of September, 1979.
vTfe/sjU Larry Dingle, Clerk of Council iDCity of Atlanta
Affidavit of Publication.
Georgia, Fulton County.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution September 13, 20, and 27, 1979.
Isl Janet Schwartz
Sworn to and subscribed before me, this 28 day of September, 1979.
Is/ Jack A. Donley Notary Public, Georgia, State at Large, My Commission Expires Aug. 16, 1981.

4680 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend section 8-105 of the charter of the City of Atlanta, (Georgia L. 1973, p. 2188, et seq.), approved March 16, 1973, as amended, so as to abolish the position of chief of police within the City of Atlanta bureau of police services; to repeal conflicting ordinances; and for other purposes.
A copy of the proposed amendment is on file in the office of clerk of council of the City of Atlanta and in the offices of the clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.
This 5th day of September, 1979.
Is/ Larry Dingle, Clerk of Council City of Atlanta
Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20 and 27 days of September, 1979. As provided by law.
Is/ Frances K. Beck
Subscribed and sworn to before me, this 28th day of September, 1979.
Is/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979.
Filed in Office of Secretary of State October 16, 1979.

GEORGIA LAWS 1980 SESSION

4681

CITY OF ATLANTA--DEPARTMENT AND BUREAU DIRECTORS
An Ordinance adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.), as amended, to amend article III, chapter I of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, etseq., approved March 16, 1973), as amended, so as to provide that the mayor shall have the power and the duty to appoint directors of departments or bureau directors with the confirmation of the council, and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this chapter; to repeal conflicting laws and ordinances; and for other purposes.
Be and it is hereby ordained by the council of the City of Atlanta, Georgia, as follows:
Section 1. That article III, chapter 1 of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, etseq., approved March 16, 1973), as amended, is hereby amended by striking subsection 2, of section 3-105 in its entirety and by substituting'in lieu thereof the following:
i "(2) Appoint all directors of departments'and bureau directors of the city with the confirmation of the council, and remove or suspend any directors of departments or bureau directors in accordance with the provisions of thischarter;"
Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973); as amended, shall be filed in the office of the clerk of council and in the offices of the clerks of the Superior Courts of Fulton and DeKalb County and that a "Notice of Proposed Amendment to Charter of the City of Atlanta", attached hereto, marked "Exhibit A" and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta and in the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the council of the City of Atlanta.
Section 3. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewitlfbe and the same are hereby repealed.

4682 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Adopted by the Atlanta City Council November 5, 1979 Returned to Clerk of Council without action by the Mayor November 14, 1979 Approved per Section 2-403 of the 1974 Charter.
A true copy, ; Isl' Olivia D. Parks
Deputy Clerk of Council

Notice of Proposed Amendment to the Charter of the City of Atlanta

Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the .confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes,.

A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.

This the

day of

,1979.

Is/ Larry Dingle, , Clerk of Council City of Atlanta

GEORGIA LAWS 1980 SESSION

4683

"Exhibit A"
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga. L. 1973, pg. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 5th day of October, 1979.
Larry Dingle, Clerk of Council City of Atlanta

Publisher's Affidavit.
Georgia, DeKalb County.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald Wm. Crane, Copublisher of the Decatur-DeKalb News/Era a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of proposed City of Atlanta charter amendment, a true copy of which is hereto annexed, was published

4684 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

in said newspaper in its issue of the 18, 25, 1st day of Oct. & Nov.

1979.

`bMsi Gerald W. Crane,

Co-Publisher

(by) Linda L. Orr,

Agent

Acknowledgment of the publisher must be made before a notary public or other official authorized to administer Oaths.

Sworn to and subscribed before me, this 1st day of Nov., 1979.

I's'l Samme Johnson Notary Public, Georgia, State at Large. My Commission Expires Jan. 4, 1982. '
(Seal)j'*

Notice of Proposed Amendment to the Charter of the City of Atlanta
" Notice is hereby given that an ordinance has been introduced to amend the charter pf the City of Atlanta (Ga. L. 1973, pg. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes.
A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 5th day of October, 1979.

Larry Dingle, Clerk of Council City of Atlanta

GEORGIA LAWS 1980 SESSION

4685

Affidavit of Publication.
Georgia, Fulton County.
Personally appeared before me, the undersigned notary public, who after being duly sworn, states under oath that he/she is the representative of Atlanta Newspapers, Proprietors of The Atlanta Journal (Daily Evening), The Atlanta Constitution (Daily Morning), The Atlanta Journal and The Atlanta Constitution (Saturday), and The Atlanta Journal and The Atlanta Constitution (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution October 18, 25, and November 1, 1979.
/s/ . Janet Schwartz

Sworn to and subscribed before me, this 13 day of November, 1979.
Isl Jack A. Donley Notary Public, Georgia, State at Large. My Commission Expires Aug. 16, 1981.
Notice of Proposed Amendment to the Charter of the City of Atlanta
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, so as to amend article III, chapter 1, so as to provide that the mayor shall have the power and the duty to appoint directors of departments, and bureau directors with the confirmation of council; and to remove or suspend any bureau directors with the confirmation of council; and to remove or suspend any directors of departments or bureau directors in accordance with the provisions of this charter; so as to provide for the publication in a newspaper of general circulation with respect to such proposed amendment; to repeal conflicting laws and ordinances; and for other purposes.

4686 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
A copy of the proposed amendment to the charter is on file in the office of the clerk of council of the City of Atlanta and the offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public.
This the 5th day of October, 1979.
Larry Dingle, Clerk of Council City of Atlanta
Publisher's Affidavit
Georgia, Fulton County.
Before me, the undersigned, a Notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18 and 25 days of Oct., 1979, and on the 1st day of Nov., 1979. As provided by law.
Is/ Frances K. Beck
Subscribed and sworn to before me, this 2nd day of Nov., 1979.
Is/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal).
Filed in Office of Secretary of State November 21, 1979.

GEORGIA LAWS 1980 SESSION

4687

CITY OF COLLEGE PARK - UTILITY LIENS.
An ordinance to amend the Charter of the City of College Park, (Ga. L. 1908, p. 547, 1,2; Ga. L. 1913, p. 682, 10;) (Section 6-10 of the College Park Code of Ordinances), to provide for the imposition of liens on property subject to delinquent charges for waiter, sewerage service and electricity, to repeal conflicting ordinances, and for other purposes.
Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows:
1. By striking Ga. L. 1908, p. 547, 1,2; Ga. L. 1913, p. 682, 10 (section) (Section 6-10 of the College Park Code of Ordinances) in its entirety and in lieu thereof substituting the following:
Section 6-10. Water, light, sewerage systems--Construction, operation. The mayor and council of said City of College Park, shall be, and they are hereby authorized and empowered to purchase, build, contract for, establish, maintain and operate waterworks, electric light and sewerage systems, for said city, within or without the limits of said city, either or both, for all purposes usual and incident to waterworks, electric lights and sewerage systems, for municipal corporations, and to furnish and supply lights, heat, power, water and electrical current for such purposes as may be practicable to said city and to private parties, and to charge and collect for the same; and generally to operate, maintain, manage and conduct said waterworks, electric lights and sewerage systems, as the mayor and council of said city, may in their discretion, deem best and proper; and to acquire the necessary property, franchises, rights and easements therefor. The mayor and council shall by regulations, provide the method and manner of assessment and collecting such maintenance fee, service charge or taxes and for the issuance of fi. fa. therefor, if necessary and the collection thereof. Any delinquent tax, maintenance fee or service charge for lights, heat, power, water, electrical current or sewerage service shall become a lien on the property served by said city and subject to foreclosure.
2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895)

4688 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit "A" and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County.

All laws and parts of law in conflict herewith are hereby repealed.

Enacted this 4th day of June, 1979.

Mayor and Council for the
City of College Park

Attest:' i

[si Ralph L. Presley Mayor

/sS Jean Conaway City Clerk

Notice of Proposed Amendment to the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895)

Notice is hereby given that an ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the imposition of liens on property subject to delinquent charges for water, sewerage service and electricity, to repeal conflicting laws; and for other purposes.

A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of

GEORGIA LAWS 1980 SESSION

4689

the Superior Court of Fulton County, Georgia, for purposes; of examination and inspection by the public.
This the 16th day of May, 1979.
Is/ Jean Conaway City Clerk City of College Park
` Notice of Proposed Amendment to the Charter of the City of College Park.
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an Ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the imposition of liens on property subject to delinquent charges for water, sewerage service and electricity, to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
Is/ Jean Conaway City Clerk City of College Park
Publisher's Affidavit
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper

4690 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
on the 18, 25 days of May, 1979, and on the 1 day of June, 1979. As provided by law.
Isi Frances K. Beck
Subscribed and sworn to before me, this 6 day of June, 1979.
Is/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires, Nov. 16, 1979. (Seal).
Filed in Office of Secretary of State June 12, 1979.
CITY OF COLLEGE PARK-PENSION RIGHTS.
An Ordinance to amend the charter of the City of College Park, (Ga. L. 1946, p. 432, 9; Ga. L. 1951, p. 2847, 1; Ga. L. 1952, p. 2534, 1) (Section 3-33 of the College Park Code of Ordinances), relating to the termination of pension benefits for the holding an office of or being employed by the City of College Park, to repeal conflicting ordinances, and for other purposes.
Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows:
1. By striking (Ga. L. 1946, p. 432, 9; Ga. L. 1951, p. 2847, 1; Ga. L. 1952, p. 2534, 1; Section 3-33 of the College Park Code of Ordinances) in its entirety and in lieu thereof substituting the following:
Section 3-33. Cessation of Benefits. If any employee of said city, after having been granted a pension hereunder, shall thereafter become an officer, deputy or employee of this municipality, then in that event his or Jier pension shall cease and such pensioner shall

GEORGIA LAWS 1980 SESSION

4691

have no further rights or benefits under this law. This prohibition shall not apply to employees, who after being granted a pension are elected to the positions of mayor and members of the city council of the City of College Park.
2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit "A" and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County.
All laws and parts of law in conflict herewith are hereby repealed.
Enacted this 4th day of June, 1979.
Mayor and Council for the City of College Park
Is/ Ralph L. Presley Mayor
Attest:
Isl Jean Conaway City Clerk
Notice of Proposed Amendment to the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the continuation

4692 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of pension rights of those city employees who become members of the mayor and council of the City of College Park; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
Isl Jean Conaway City Clerk City of College Park
Notice of Proposed Amendment to the Charter of the City of College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the continuation of pension rights of those city employees who become members of the mayor and council of the City of College Park; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
Is/ Jean Conaway City Clerk City of College Park

GEORGIA LAWS 1980 SESSION

4693

Publisher's Affidavit.
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the Vice President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law.
M Franees K. Beck
Subscribed and sworn to before me, this 6th day of June, 1979.
/sfcMaiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal).
Filed in Office of Secretary of State June 12, 1979.

CITY OF COLLEGE PARK-SERVICE PENSIONS, ETC.
An ordinance to amend the charter of the City of College Park, (Ga. L. 1946, p. 432 et seq., 2; Ga. L. 1960, p. 2801, 3; Ord. No. 69-37, 1, 7-7-69; Section 3-20 of the College Park Code; Ga. L. 1946, p. 432, 2; Ord. No. 77-24, 1, 8-1-77; Section 3-22(b) of the College Park Code; Ga. L. 1946, p. 432, 2; Section 3-21 of the College Park Code; S. B. No. 79, 1, 4-8-65; Section 3-34(b) of the College Park Code; S. B. No. 79, 1, 4-8-65; Section 3-34(g) of the College Park Code) to increase pension benefits of city employees, to repeal conflicting ordinances, and for other purposes.
Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same,

4694 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that the charter of the City of College Park is hereby amended as follows:
1. By striking from Ga. L. 1946, p. 432 et seq., 2; Ga. L. 1960, p. 2801, 3; Ord. No. 69-37, 1, 7-7-69; Section 3-20 the words, "one hundred dollars ($100.00) per month" and inserting the words "thirteen hundred dollars ($1,300.00) per annum", so Section 3-20 shall read as follows:
Section 3-20. Service Pension. Any such employee who has attained the age of sixty-five (65) with ten (10) years of service, or who has completed twenty-five (25) years of service on the payroll of said city, with which five (5) years or more must have been immediately preceding the right to have benefits under this article, shall be entitled to retire as a matter of right and to receive a service pension in an amount equal to one-half (V2) the average monthly salary or wage as herein defined, paid to such employee but not exceeding the sum of thirteen hundred dollars ($1,300.00) per annum in any instance, which service pension shall be paid monthly during the remainder of the natural life of such employee, except that such pension shall cease immediately upon acceptance of such employee of other public employment of the nature defined by section 9 [3-33] of the article. Pension benefits for an employee with less than twenty-five (25) years of service shall be computed on the same basis as provided for a partial pension for disability.
2. By striking from Ga. L. 1946, p. 432, 2; section 3-21 of the College Park Code the words, "one hundred dollars ($100.00) per month" and inserting the words, "thirteen hundred dollars ($1,300.00) per annum", so section 3-21 of the College Park Code shall read as follows:
Section 3-21. Service connected disability pension. A service connected disability pension in an amount equal to one-half (V2) the average monthly salary or wage as herein defined but not exceeding thirteen hundred dollars ($1,300.00) per annum in any instance, shall be paid to a disabled employee without regard to age or length of service, who shall become totally and permanently disabled as the direct and proximate result of any of the following causes, namely:
(a) From accident suffered in line of duty as an officer or employee of said city resulting immediately in the total and permanent disability of such person; or

GEORGIA LAWS 1980 SESSION

4695

(b) From an occupational or industrial disease due to specific poisons, mechanical or chemical irritants and; the like, which are recognized as a peculiar hazard of the occupation in the service of said city in which such person was engaged and of a character which other persons not so engaged do not contract; or
(c) From a disease or illness resulting immediately and exclusively from emergency exposure in line of duty as an officer or employee of said city, without the intervention of natural causes.
3. By striking from Ga. L. 1946, p. 432, 2; Ord. No. 77-24,^1, 8-1-77; Section 3-22(b) of the College Park Code the words, "one hundred dollars ($100.00) per month" and inserting the words "thirteen hundred dollars ($1,300.00) per annum", so section 3-22(b) shall read as follows:
Section 3-22(b). Partial pension. Any employee of said city who is not entitled to a pension as described in subsection (a), but who has been in the active service and on the payroll of said city for ten (10) years or more of which service five (5) years or more must have been immediately preceding the right to have benefits under this article and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to retire and receive from the pension fund hereby created for the period that such employee's health continues to be totally and permanently impaired, a disability pension in an amount proportionate to the total number of whole years of service to the city by such employees. The disability pension provided by this section shall be allowed without regard to the age of the employee entitled thereto. The amount of such disability pension shall be such proportionate part of the service pension allowed after twenty-five (25) years of service for an employee earning the same salary or wages that the number of whole years of service by such disabled employee bears to twenty-five (25) years. To illustrate, the amount of a disability pension based on an average monthly salary or wage of one hundred seventy-five dollars ($175.00) after fifteen (15) years of service to the city would be 15/25 of one-half {'A) of one hundred seventy-five dollars ($175.00), or the sum of fifty-two dollars and fifty cents ($52.50) per month. The amount of a disability pension based on an average monthly salary or wage of two hundred twenty-five dollars ($225.00) would after nineteen and one-half (19-V2) years of service be 19/25 of one-half ('A) of two hundred

4696 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
twenty-five dollars ($225.00) per month or the sum of eight-five dollars and fifty cents ($85.50) per month. The amount of pension allowed for disability under this subsection shall never exceed the sum of thirteen hundred dollars ($1,300.00) per annum with respect to employees in the employ of the city prior to July 1, 1965, who retain their status in the pension plan of the city as said plan existed prior to the year 1965.
4. By adding to S. B. No. 79, 1, 4-8-65; Section 3-34(b) of the College Park Code the words, "Pension benefits of the class of employees having retired under this section prior to July 1, 1979 shall be increased by the sum of one hundred dollars ($100.00) per annum, so that Section 3-34(b) shall read as follows:
Section 3-34. 1965 alternate pension plan, (b) Any officer or employee of the City of College Park who elects to come under the provisions of this section 1 of this amendatory Act of 1965 [this section], and the several subsections hereof, or who becomes employed by said city subsequent to the effective date of this act, [this section] and who retires as a matter of right, shall be entitled to receive a service pension in an amount equal to two per cent (2%) of the first three hundred dollars ($300.00) of his average monthly salary, plus one and one-half per cent (\-V2\f0) of his average monthly salary over three hundred dollars ($300.00), multiplied by the number of years of service. For example, an employee who retires as a matter of right after twenty-five (25) years of service, whose average monthly salary is five hundred dollars ($500.00), is entitled to a monthly pension in the amount of two hundred twenty-five dollars ($225.00) determined as follows: two per cent (2,%) of the first three hundred dollars ($300.00) of average monthly salary equals six dollars ($6.00). One and one-half per cent'0-`/2)) of the average monthly salary over three hundred dollars ($300.00) (which excess is two hundred dollars ($200.00) in this illustration) equals three dollars ($3.00). The sum of six dollars ($6.00) and three dollars ($3.00) thus obtained or nine dolla rs ($9.00) is then multiplied by twenty-five (25) (the number of years of service) to arrive at the monthly pension of two hundred twenty-five dollars ($225.00). Pension benefits of that class of employees having retired under this section prior to July 1, 1979 shall be increased by the sum of one hundred dollars ($100.00) per annum.

GEORGIA LAWS 1980 SESSION

4697

5. By striking from S. B. No. 79, 1, 4-8-65, section 3-34(g) the words, "one hundred dollars ($100.00) per month" and inserting the words, "thirteen hundred dollars ($1,300.00) per annum", so section 3-34(g) of the College Park Code shall read as follows:
(g) The following sentence contained in section 2 of the Act of 1946 (Ga. L. 1946, p. 432) [Section 3-22 hereof], commencing in the eleventh line from the top of page 442 of said acts, is deleted in its entirety, to wit: "The amount of pension allowed for disability shall never exceed the sum of $100.00 per month in any instance." And the following is substituted in lieu thereof:

"The amount of pension allowed for disability shall never exceed the sum of thirteen hundred dollars ($1,300.00) per annum with respect to employees in the employ of the city prior to July 1, 1965, who retain their status in the pension plan of the city as said plan existed prior to the year 1965."

6. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit "A" and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of
the Superior Court of Fulton County.

All laws and parts of law in conflict herewith are hereby repealed. 147--2

4698 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Enacted this 4th day of June, 1979.
Mayor and Council for the
City of College Park
/si Ralph L. Presley Mayor
Attest:
Is/ Jean Conaway City Clerk
Notice of Proposed Amendment to the Charter of the City of College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the increase of pension benefits of city employees, to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979. Is/ Jean Conaway City Clerk City of College Park
Notice of Proposed Amendment to the Charter of the City of College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an Ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251,

GEORGIA LAWS 1980 SESSION

4699

approved December 16, 1895) so as to provide for the increase of pension benefits of city employees, to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
/s/ Jean Conaway City Clerk City of College Park
Publisher's Affidavit
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law.
Isl Frances K. Beck
Subscribed and sworn to before me, this 6th day of June, 1979.
MuMaiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal).
Filed in Office of Secretary of State June 12, 1979.

4700 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF COLLEGE PARK-PENSION BOARD.
An ordinance to amend the charter of the City of College Park, (Ga. L. 1946, 1) (Section 3-13 of the College Park Code of Ordinances), relating to the eligibility of the members of the pension board of the City of College Park, to repeal conflicting ordinances, and for other purposes.
Be it ordained by the Mayor and Council of the City of College Park, and it is hereby enacted pursuant to the authority of the same, that the charter of the City of College Park is hereby amended as follows:
1. By striking (Ga. L. 1946, p. 432, 1; Section 3-13 of theCollege Park Code of Ordinances) in its entirety and in lieu thereof substituting the following:
Section 3-13. Pension board--Created; membership; function. Said pension system shall be managed by a pension board to be known as the College Park Pension Board consisting of the city clerk of the City of College Park, three (3) members of the council elected annually by the mayor and council and one (1) city employee to be elected annually by vote of all employees participating in said pension system. However, no person receiving a pension from the City of College Park shall be eligible to become a member of the College Park Pension Board. Said pension board shall pass on and determine the eligibility and qualifications of all persons applying for retirement pay or for pensions under this amendment (article) or future amendments to the charter of said city, and exercise all of the duties and privileges now or hereafter provided by law.
2. A copy of this proposed amendment to the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the office of the clerk of the council of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the charter of the City of College Park, in the form attached hereto as Exhibit "A" and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the mayor and council of the City of College Park. And, said advertisement shall

GEORGIA LAWS 1980 SESSION

4701

state that a copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and the office of the clerk of the Superior Court of Fulton County.
All laws and parts of law in conflict herewith are hereby repealed.
Enacted this 4th day of June, 1979.
Mayor and Council for the
City of College Park
/sitRalph L. Presley Mayor
Attest:
1st Jean Conaway City Clerk
Notice of Proposed Amendment to the Charter of the City of College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the eligibility of the members of the pension board of the City of College Park; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
Isl Jean Conaway City Clerk City of College Park

4702 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Notice of Proposed Amendment to the Charter of the City of College Park
(Ga. L. 1895, p. 251, approved December 16, 1895)
Notice is hereby given that an Ordinance has been introduced to amend the charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide for the eligibility of the members of the pension board of the City of College Park; to repeal conflicting laws; and for other purposes.
A copy of the proposed amendment is on file in the office of the city clerk of the City of College Park and in the office of the clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public.
This the 16th day of May, 1979.
Isl Jean Conaway City Clerk City of College Park
Publisher's Affidavit
Georgia, Fulton County.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18, 25 days of May, 1979, and on the 1st day of June, 1979. As provided by law.
Is/ Frances K. Beck

GEORGIA LAWS 1980 SESSION

4703

Subscribed and sworn to before me, this 6th day of June, 1979.
Isl Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. (Seal).
Filed in Office of Secretary of State June 12, 1979.

CITY OF EAST POINT-ORDINANCES.
An Ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 268, et seq.) to amend an Act establishing a charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and as further amended is hereby further amended to amend the procedure for adopting ordinances, by enlarging the number required to object to the waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting charter and ordinance provisions; and, for other purposes.
Be it ordained by the City Council of the City of East Point and it is hereby ordained by authority of same that:
Section 1. An Act establishing a new charter for the City of East Point, Georgia approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.) and as amended is hereby further amended pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 262, et seq.) by striking section 38 contained in that Act of 1972 (Ga. L. 1972, p. 2183) of the charter of the City of East Point and inserting in lieu thereof a new section 38 which shall read as follows:

4704 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"Section 38. Procedure for Adopting Ordinances. An ordinance may be introduced by any member of council at any regular meeting of the city council or at any special meeting at which an ordinance may be lawfully considered and adopted. Except as hereinafter provided, each ordinance shall be read by title at two (2) different regular meetings of the city council at any meeting of the council duly convened at which a quorum is present. Provided that the first reading of an ordinance may be waived and it given its second reading and adoption unless two (2) or more councilmen present at such meeting object to the waiver of the first reading. Provided, however, any zoning ordinance, assessing ordinance or any other ordinance requiring a public hearing shall not be finally adopted until after such ordinance has been properly advertised and a public hearing held thereon."
Section 2. The city clerk of said city is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty (60) 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 offices of the clerk of the Superior Court of Fulton County, Georgia for the purpose of examination and inspection by the public. Said clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance.
Section 3. Severability. In the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other sections, subsections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part thereof. The city council hereby declares that it would have passed the remaining parts of this ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional.

GEORGIA LAWS 1980 SESSION

4705

Section 4. All ordinances, charter provisions or parts of ordinances or charter provisions in conflict herewith are hereby repealed.

First Reading December 18, 1978.

Second Reading January 2, 1979.

The within and foregoing ordinance having been read and approved by the city council, same is hereby approved this 2nd day of January, 1979.

Attested to:

Ts/ Bruce Bannister Mayor

Is/ Mary Holleman City Clerk

Public Notice
Pursuant to the "Municipal Home Rule Act of 1965," as amended, notice is hereby given that the city council of the City of East Point proposes to adopt an ordinance to amend' an Act establishing a charter for the City of East Point, Georgia approved August 19, 1912 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter provisions; and for other purposes.
A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia and the office of the clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance.
The ordinance will be considered for the first time at the regular meeting of the city council of the City of East Point on December 18,

4706 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979.
1 d'/sl Mary Holleman, Clerk City of East Point, Georgia
Publisher's Certificate
Fulton County, State of Georgia.
Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Southside Sun a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of East Point (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 30th day of November, 1978.
Gerald W. Crane, Publisher
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me, this 29th day of January, 1979.
Is/ Lila B. Teal, Notary Public, Georgia, State at Large My Commission Expires July 5, 1982. (Seal)
Public Notice
Pursuant to the "Municipal Home Rule Act of 1965," as amended, notice is hereby given that the city council of the City of East Point proposes to adopt an ordinance to amend an Act establishing a charter for the City of East Point, Georgia approved August 19, 1912 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number re-

GEORGIA LAWS 1980 SESSION

4707

quired to object to a waivef of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter provisions; and for other purposes.
A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia and the office of the clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance.
The ordinance will be considered for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979.
Isl Mary Holleman, Clerk City of East Point, Georgia

Publisher's Certificate
Fulton County, State of Georgia.
Personally appeared before the undersigned, a notary public within and for said county and State Gerald W. Crane, publisher of the Southside Sun a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of East Point (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 7th day of December, 1978.
Gerald W. Crane, Publisher

Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.

4708 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 29th day of January, 1979.
Is/ Lila B. Teal, Notary Public, Georgia, State at Large My Commission Expires July 5, 1982. (Seal)
Public Notice
Pursuant to the "Municipal Home Rule Act of 1965," as amended, notice is hereby given that the city council of the City of East Point proposes to adopt an ordinance to amend an Act establishing a charter for the City of East Point, Georgia approved August 19, 1912 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter provisions; and for other purposes.
A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia and the office of the clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance.
The ordinance will be considered for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979.
/si Mary Holleman, Clerk City of East Point, Georgia
Publisher's Affidavit
Fulton County, State of Georgia.
Personally appeared before the undersigned, a notary public within and for said county and State Gerald W. Crane, publisher of

GEORGIA LAWS 1980 SESSION

4709

the Southside Sun a newspaper published at East Point, county of Fulton, State of Georgia, who, being duly sworn, states on oath that the report of City of East Point (Mary Holleman), #1744 Municipal Home Rule Act of 1965 a true copy of which is hereto annexed, was published in said newspaper in its issue of the 14th day of December, 1978.
Gerald W. Crane, Publisher
Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths.
Sworn to and subscribed before me;,.; this 29th day of January, 1979.
Is/ Lila B. Teal, Notary Public, Georgia, State at Large My Commission Expires July 15, 1982. (Seal)

Public Notice
Pursuant to the "Municipal Home Rule Act of 1965," as amended, notice is hereby given that the city council of the City of East Point proposes to adopt an ordinance to amend an Act establishing a charter for the City of East Point, Georgia approved August 19, 1912 and the several Acts amendatory thereof, and especially that Act approved March 9, 1972 (Ga. L. 1972, p. 2151, 2183) to amend the procedure for adopting ordinances, by enlarging the number required to object to a waiver of the first reading of an ordinance before its adoption; to provide for severability; to repeal conflicting ordinance and charter provisions; and for other purposes.
A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia and the office of the clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia for examination and inspection by the public. The city clerk of said city will furnish anyone upon request with a copy of the proposed ordinance.

4710 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
The ordinance will be considered for the first time at the regular meeting of the city council of the City of East Point on December 18, 1978 and will be considered for final adoption at the regular meeting of the city council on January 2, 1979.
Is/ Mary Holleman, Clerk City of East Point, Georgia
Publisher's Affidavit
Fulton County, State of Georgia.
Before me, the undersigned, a notary public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the vice president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 4, 11, 15 days of December, 1978. As provided by law.
Is/ Frances K. Beck
Subscribed and sworn to before me, this 22nd day of January, 1979.
Is/ Maiodis F. Palmer Notary Public, Georgia, State at Large, My Commission Expires November 16, 1979.
Filed in Office of Secretary of State February 12, 1979.
CITY OF ELBERTON--SALARIES.
An Ordinance to amend article II, section 7 of the Charter of the City of Elberton, Georgia, to increase the salaries of the mayor and members of the city council.
Be it ordained by the Mayor and Council of the City of Elberton, Georgia, and it is hereby ordained by authority thereof:

GEORGIA LAWS 1980 SESSION

4711

Section I. The charter of the City of Elberton, Georgia, article II, section 7, is hereby amended by deleting the following language, to wit:
"The mayor shall be paid a salary of fifty dollars ($50.00) per month and the members of the council' shall be paid a salary of ten dollars ($10.00) per month."
and substituting in lieu thereof the following language, to wit:
"The mayor shall be paid a salary of two hundred dollars ($200.00) per month and the members of council shall be paid a salary of one hundred dollars ($ 100.00) per month."
Section II. This ordinance shall become effective January 1, 1980.
First Reading: Councilman Jones
Second Reading: Councilman Jones
Adopted: August 6, 1979
I, Iola S. Stone, city clerk of the City of Elberton, Georgia, do hereby certify that the above is a true and exact copy of an ordinance adopted at the regular meeting of the mayor and city council of the City of Elberton held on August 6, 1979, and that the same appears upon the official minutes of the mayor and city council of the City of Elberton, Georgia.
Is/ Iola S. Stone City Clerk
Notice of Intent To Amend Charter of City of Elberton, Georgia, to Increase Salaries of Mayor and Members of Council.
Notice is hereby given that an ordinance has been presented and placed on first reading to amend the charter of the City of Elberton, Georgia, to provide that the salary of the mayor be increased from fifty dollars ($50.00) per month to two hundred dollars ($200.00) per month and that the salary of the members of council be increased from ten dollars ($10.00) per month to one hundred dollars ($100.00) per month. This salary increase, if passed, will be effective on January 1, 1980.

4712 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This ordinance will be presented for second reading and possible passage at the regular council meeting to be held on August 6, 1979, in the city council meeting room, Municipal Building, 203 Elbert Street, Elberton, Georgia, at 7:00 o'clock p.m.
A copy of the proposed amendment is on file for public inspection and examination with the clerk, City of Elberton, Municipal Building, 203 Elbert Street, Elberton, Georgia, and also with the clerk, Elbert County Superior Court, Elbert County Courthouse, Elberton, Georgia.
Isi Mary C. Taylor Notary Public
Affidavit.
Elbert County.
To Whom It May Concern:
This is to certify that the legal notice attached hereto has been published in the:
The Elberton Star newspaper legal organ for Elbert County, the following dates, to-wit:
July 17, 1979; July 24, 1979; July 31, 1979.
Sworn to on the 2nd day of August, 1979.
Isl R. L. Williford Publisher
Filed in Office of Secretary of State August 22, 1979.
CITY OF HAZLEHURST--SALARIES.
Motion made by Commissioner M. D. Coleman as follows:
"Whereas under the provisions of section 69-1019 of the Code of the Laws of Georgia, the governing authority of each municipality is

GEORGIA LAWS 1980 SESSION

4713

authorized to fix the salary, compensation, expenses of its members; however, such increase not to be effective until after the taking of office of those'elected at the next regular municipal election, and which can not be taken during the period of time beginning with the date the candidates for election to membership on the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following the election, and it shall not be taken until after notice to do so has been published in a newspaper of general circulation in such municipality at least once a week for three weeks immediately preceding the week during which said action is taken."
"Therefore it be moved that the1 salary of the mayor of the Gity of Hazlehurst be increased from the present salary of $200.00 per month to a salary not to exceed $400.00 per month, and the salary of each city commissioner be increased from a salary of $100.00 per month not to exceed a salary of $200.00 per month, to be effective January 1, 1980."

"Further that this motion be acted upon at the regular meeting of the mayor and commissioners of the City of Hazlehurst to be held beginning at 8:00 P.M. on June 12, 1979 and that notice of intention to increase such compensation be published in The Jeff Davis County Ledger at least once a week for three weeks immediately preceding the week during which such action is to be taken."

"Be it further ordained that at said meeting the mayor and commissioners shall have the option to decrease or increase said proposed increase in compensation for the mayor and commissioners."

Commissioner Raleigh Spell seconded said motion. Those voting in favor of it were Commissioners M. D. Coleman, Raleigh Spell, Eugene Carter. Commissioner Barnie O'Quinn Jr. against said motion. Carried.

Dated: May 8, 1979

/s/( Wyatt W. Spann Mayor

Attest: /s/ 'Mrs. Linton Grant City Clerk

4714 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Motion was madeby Commissioner M. D. Coleman as follows:
"Whereas a motion was made and passed at the meeting of thet mayor and commissioners of the City of Hazlehurst, Georgia held May 8, 1979 that the compensation of the mayor and commissioners of the City of Hazlehurst be increased effective after the taking of office of those elected at the next regular municipal election which is held immediately following the date at which the action to increase such compensation was taken."
"And whereas this action will not be taken during the period of time beginning with the date that candidates for election to membership in the municipal governing authority may first qualify as such candidates and ending with the date members of the municipal governing authority take office following election, and whereas notice of intention to do so was published in a newspaper of general circulation in the City of Hazlehurst at least once a week for three consecutive weeks immediately preceding the week in which this action was taken, that therefore the salary of the mayor of the City of Hazlehurst be increased to where it will be $400.00 per month and the salaries of each of the commissioners be increased to where it will be $200.00 per month effective January 1, 1980, and that a certified copy of this ordinance as well as of said ordinance implementing said action which was passed on May 8, 1979 and affidavit of a duly authorized representative of The Jeff Davis County Ledger showing publication of the notice of the intention to make this increase be furnished to the Secretary of State and to the clerk of the Superior Court of Jeff Davis County, Ga."

Commissioner Raleigh Spell seconded said motion. Those voting in favor of said motion were Commissioners M. D. Coleman, Raleigh Spell, and Eugene Carter. Those voting against said motion were Commissioners Barnie O'Quinn, Jr. Carried.

Dated: June 12, 1979

Is/ Wyatt W. Spann Mayor

Attest: Is/ Mrs. Linton Grant City Clerk

GEORGIA LAWS 1980 SESSION

4715

Legal.
Notice is hereby given of the intention of the mayor and commissioners of the City of Hazlehurst to adopt a resolution increasing the compensation of the mayor and commissioners of the City of Hazlehurst to be effective January 1, 1980. The motion to increase said compensation will be acted on by the mayor and commissioners at the meeting of the mayor and commissioners of the City of Hazlehurst to be held beginning at 7:30 p.m. at the city hall in Hazlehurst, Ga. on June 12, 1979.
This the 8th day of May, 1979.
i.: Islti W. W. Spann Mayor
Attest: Mrs. Linton Grant City Clerk
Georgia, Jeff Davis County.
Personally appeared before me Tommy Purser who, being duly sworn, deposes and on oath says: That he is the editor and manager of the Jeff Davis County Ledger, a newspaper of general circulation in Jeff Davis Co., Ga. and that the foregoing notice was published at least once a week for three consecutive weeks immediately preceding June 12, 1979 in said newspaper.
Is/ Tommy Purser
Sworn to and subscribed to before me, this the 12th day of June, 1979.
Isl Mrs. Linton Grant Notary Public, Jeff Davis Co., Ga. My Commission Expires May 10, 1983.
Filed in Office of Secretary of State July 19, 1979.

4716 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF LYONS--CHARTER AMENDED.
An ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Lyons, Georgia approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, so as to provide for qualifications for office of mayor and council; to provide for qualifying fees for the office of mayor and council; to provide for repeal of conflicting laws; to provide for severability; and for other purposes.
Be it ordained by the city council of the City of Lyons as follows:
Section 1. Said Charter is amended by striking therefrom 4 in its entirety and substituting a new 4 as follows:
" 4. Qualifications for Office. Any resident of said city, who shall be twenty-one (21) years of age, who shall have been a resident of the State of Georgia for a period of twelve (12) months and of the City of Lyons for six (6) months, and who shall be eligible to vote in said city, shall be eligible to the office of mayor or councilman of said city, such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named.
The governing authority of The City Of Lyons, at least two weeks prior to the closing of qualifications for a special or general municipal election shall fix and publish a qualification fee, to be paid by candidates seeking election in any such special or general election. Such fee shall be paid to the municipal superintendent or clerk at the time a candidate files his notice of candidacy. In no event shall such fee exceed the amount established by Georgia law. (See Ga. Code Ann. 34A-904)".
Section 2. All laws and parts of law in conflict with this act are hereby repealed.
Section 3. In the event any article, section, subsection, sentence, clause, or phrase of this ordinance shall be declared or judged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, subsections, clauses, or phrases of this Act, which shall remain of full force and effect, as if the article, section, subsection, sentence, clause or phrase so declared or adjudg-

GEORGIA LAWS 1980 SESSION

4717

ed invalid or unconstitutional was not originally a part hereof. The City Council hereby declares that it would have passed the remaining parts of this ordinance if it had known that such part or parts would be declared or adjudged invalid or unconstitutional.
Approved:
W. T. Aiken, Mayor J. Sims Alexander, Council Member Marilyn V. Durden, Council Member Leon F. Curl, Council Member L. Howard Sharpe, Council Member E. J. Phillips, Council Member.
Adopted October 2, 1979.
Final Adoption November 6, 1979.
I do hereby certify that the above is a true and correct copy of an ordinance to amend the city charter of the City of Lyons, Georgia, finally adopted on the date shown above.
This 6th day of November, 1979.
/si Jackie K. Alexander City Clerk

Legal Notice.
Notice is hereby given that there has been filed with the clerk of the City of Lyons, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965, as amended, to amend the city charter of the City of Lyons, approved August 7, 1907, (Ga. Laws, 1907, p. 765), as amended, so as to provide for qualifications for the office of mayor and council; to provide for qualifying fees for the office of mayor and council; to provide for repeal of conflicting laws; to provide for severability; and for other purposes.
A copy of said proposed amendments is on file in the office of the clerk of the City of Lyons, and in the office of the clerk of Superior

4718 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Court of Toombs County for the purpose of examination and inspection by the public.
This 2nd day of October, 1979.
Isl Jackie Alexander City Clerk Layne & Layne, Attorneys for the City of Lyons
Affidavit.
Tombs County, Georgia.
Before me an officer authorized by law to administer oaths personally appeared the undersigned, who after being duly sworn does depose and say:
I am the editor of the Lyons Progress, a newspaper of general circulation in Lyons, Georgia, and the preceding "Legal Notice" was published in said newspaper on 11th day of October, 1979, 18th day of October, 1979, and 25th day of October, 1979.
Isl Harold Rhoden
Sworn to and subscribed before me, this 6th day of November, 1979.
Is/ Alvin L. Layne Notary Public.
Filed in Office of Secretary of State, November 20, 1979.
CITY OF MARIETTA-MAYOR PRO TEM.
Ordinance No. 3599.
An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, 3541, 3550) to provide for certain procedures in selecting the mayor pro tern; to repeal conflicting ordinances, and for other purposes.

GEORGIA LAWS 1980 SESSION

4719

Be it ordained by the Council of the City of Marietta, Georgia, and it is hereby ordained by the authority of the same, as follows:
1. That section 2.7 of the charter of the City of Marietta, Georgia (1977 Georgia Laws, 3541, 3550) is hereby stricken in its entirety and inserted therein the following:
"Section 2.7. Mayor Pro Tem; presiding officer. The mayor pro tern shall be appointed at the December meeting of each year for a term of one year from the councilmen by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers and duties of the mayor during the absence or disability of the latter officer. If there shall be a vacancy in the office of the mayor pro tem, the mayor, with the consent of a majority of the council, may fill the same at any regular meeting of the council, or in vacation. In the event of the death or resignation of the mayor, or his removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. Provided, however, if the mayor should not appoint, with the consent of council, a mayor pro tem by December 31 of each year, the council may select the mayor pro tem by majority vote of the council."
2. This ordinance shall be considered by the council of the City of Marietta on May 9, 1979, at 7:00 p.m. and on June 13, 1979, beginning at 7:00 p.m. in the police hearing room, Lawrence Street, Marietta, Georgia.
3. Be it further ordained that a notice describing the synopsis of this ordinance shall be placed in the county organ of Cobb County once a week beginning April 20, 1979, and continuing each Friday through June 8, 1979, being a total of eight (8) times.
4. Be it further ordained that copies of this proposed amendment shall be on file in the office of the clerk of the City of Marietta, 36 Atlanta Street, Marietta, Georgia, and the Office of the clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia, and copies shall be available to any person wishing to receive a copy of said amendment by applying in writing to the above described offices.

4720 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

5. Be it further ordained that all acts and parts of acts or ordinances which are in conflict with this ordinance are hereby repealed.

6. Be it further ordained that should this amendment be approved by a majority of the council of the City of Marietta, a duly certified copy shall be submitted to the Secretary of State and clerk of the
Superior Court of Cobb County, accompanied by the affidavit of the duly authorized representative of the newspaper in which such
notice was published to the effect that such notice has been published as provided by law.

Resolved this 11th day of April, 1979.

Is/ J. Dana Eastham, Mayor

Attest:

Approved as to form:

Is/ Barbara M. Goscha, City Clerk

Is/ Roy E. Baines City Attorney

Ordinance voted on for the first time May 9, 1979 by a vote of 4 Ayes, 3 Nays.

Ordinance voted on for the second time June 13, 1979 by a vote of 4 Ayes, 3 Nays.

Isl J. Dana Eastham, Mayor

Approved as to form:

Attest: Isl Barbara M. Goscha

Is/ Roy E. Barnes City Attorney

Filed in Office of Secretary of State July 6, 1979. Editors note: See Advertisement, etc. following Ordinance No. 3600, Page 4723.

GEORGIA LAWS 1980 SESSION

472:1

CITY OF MARIETTA-BOARD OF LIGHTS AND WATERWORKS.
Ordinance No. 3600.
An Ordinance to amend the charter of the City of Marietta (1977 Georgia Laws, page 3541, et seq.) so as to provide that the council appointment to the board of lights and water shall be with the consent of the city council, and for other purposes.
Be it ordained by the Council of the City of Marietta, and it is hereby ordained by the authority of the same, as follows:
rj That section 5.1 of the charter of the City of Marietta, (1977 Georgia Laws, 3541, 3580) is hereby stricken in its entirety and inserted therein the following:
"Section 5.1. Created, membership, terms, etc. The board of lights and waterworks, hereinafter referred to as "board" is hereby declared and created a body corporate, with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it, and which shall consist of the mayor of the city and a member of the council of the City of Marietta who shall be appointed by the mayor, with the consent of the majority of council, each December, to be effective January 1 for -a one year term, and of three (3) residents of Marietta. If a nomination of a member of the council is not made by the mayor by December 31 of each year, the councilmen may select the council appointment from the council by majority vote. The clerk of the city council shall be ex officio clerk of the board of lights and waterworks, but shall not be a member of the board, and shall have such duties as said board may impose upon him, and he shall be allowed such compensation as said board of lights and waterworks may fix previous to entering upon his duties. The resident members of the board shall be elected by a majority vote of the council and shall serve for a term of four years, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the term of four years from the time of said election. The members of the board shall be paid such compensation as is set by the council."

4722 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2. This ordinance shall be considered by the council of the City of Marietta on May 9, 1979, at 7:00 p.m. and on June 13, 1979, beginning at 7:00 p.m. in the police hearing room, Lawrence Street, Marietta, Georgia.
3. Be it further ordained that a notice describing the synopsis of this ordinance shall be placed in the county organ of Cobb County once a week beginning April 20, 1979, and continuing each Friday through June 8, 1979, being a total of eight (8) times.
4. Be it further ordained that copies of this proposed amendment shall be on file in the office of the clerk of the City of Marietta, 36 Atlanta Street, Marietta, Georgia, and the Office of the clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia, and copies shall be available to any person wishing to receive a copy of said amendment by applying in writing to the above described offices.
5. Be it further ordained that all acts and parts of acts or ordinances which are in conflict with this ordinance are hereby repealed.
6. Be it further ordained that should this amendment be approved by a majority of the council of the City of Marietta, a duly certified copy shall be submitted to the Secretary of State and clerk of the Superior Court of Cobb County, accompanied by the affidavit of the duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published as provided by law.
Resolved this 11th day of April, 1979.
Isl J. Dana Eastham, Mayor
Attest:
Isl Barbara M. Goscha, City Clerk
Approved as to form:
Isl Roy E. Baines City Attorney

GEORGIA LAWS 1980 SESSION

4723

Ordinance voted on for the first time May 9, 1979 by a vote of 4 Ayes, 3 Nays.
Ordinance voted on for the second time June 13, 1979 by a vote of 4 Ayes, 3 Nays.
Isl J. Dana Eastham, Mayor
Attest:
Isl Barbara M. Goscha City Clerk
Approved as to form:
Isl Roy E. Barnes City Attorney
Clerk's Certification.
Cobb County, City of Marietta.
I, Barbara M. Goscha, do hereby certify that I am clerk and keeper of the records for the City of Marietta, and as such, do certify that the attached ordinance numbers 3599 and 3600 are true and correct copies as same appears of record as approved by the governing body on first reading May 9, 1979, and final reading on June 13, 1979.
Witness my hand and seal of this office this 27th day of June, 1979.
/. j/.s/.-Barbara M. Goscha City Clerk
Public Notice.
Notice is hereby given that the Council of the City of Marietta, Georgia, shall consider on May 9, 1979, beginning at 7:00 P.M. and on June 13, 1979, beginning at 7:00 P.M. in the Police Building meeting room, Lawrence Street, Marietta, Georgia, a change to the charter of the City of Marietta (1977 Georgia Laws, 3541, et seq.) to require the consent of the majority of the council for the appoint-

4724 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ment of the council appointment to the board of water and lights; and to require that the council shall be empowered to appoint the council appointment under certain circumstances; to require the approval of the majority of the council for the appointment of the mayor pro tern, to provide for the appointment by the council of the mayor pro tern under certain circumstances, to allow the mayor to veto any measure passed by the council, and to provide that the veto may be overridden by the council. Copies of the proposed amendments are on file in the office of the clerk of the City of Marietta, 36 Atlanta Steet, Marietta, Georgia, and also on file in the office of the Clerk of the Superior Court of Cobb County, Cobb County Courthouse, 177 Washington Avenue, Marietta, Georgia. Any person wishing to receive a copy of said documents should apply in writing
to the above described offices. All interested parties are invited to at-

*'en `

Is/ John M. Crane City Manager

Cobb County, City of Marietta, Georgia.

I, Carl McNeil, holding the position of controller, the official gazette for legal advertisements in Cobb County, Marietta, Georgia, do hereby certify that the foregoing citation was duly published in the Marietta Daily Journal eight times, once on each of the following dates:

Friday, April 20, 1979; Friday, April 27, 1979; Friday, May 4, 1979; Friday, May 11, 1979; Friday, May 18, 1979; Friday, May 25, 1979; Friday, June 1, 1979; Friday, June 8, 1979.

This 8th day of June, 1979.

:BIsFCarl McNeil, Controller

Sworn to and subscribed before me, this 8th day of June, 1979.

Isl Thelma Kemp Richards Notary Public/

(Seal) "

Filed in office of Secretary of State July 6, 1979.

GEORGIA LAWS 1980 SESSION

4725

CITY OF NEWNAN-RETIREMENT.

An ordinance to amend the Charter of the City of Newnan by repealing section 12-6(1) of the Charter of the City of Newnan in its entirety, and to add a new section 12-6(1) to the Charter of the City of Newnan.

Be it ordained, and it is hereby ordained by the authority of the mayor and the board of aldermen of the City of Newnan and Georgia Code section 69-1017 (Ga. Laws 1965, Pages 298 and 299; 1966, page 296; 1976, page 1429) that section 12-6(1) of the charter of the City of Newnan be and is hereby repealed in its entirety and a new section 12-6(1) is hereby added to the charter of the City of Newnan to read as follows:

" 12-6( 1) A Participant may remain in employment beyond his normal retirement date, but not beyond age 70. At request of the city, a participant may remain in employment beyond age 70 for such period or periods as shall from time to time be mutually agreed upon. Each participant so remaining shall retire from employment on the first (1st) day of the month coinciding with or next following the month of actual retirement."

Be it further ordained that all charter provisions in conflict herewith are hereby repealed.

Adopted in open session for the first time by the mayor and board of aldermen of the City of Newnan, this 23rd day of July, 1979.

Attest:

Is/ Joe B. Norman, Mayor Is/ Alvin E. Johnston Is/ Billy A. Abraham Is/ Otis F. Jones, Sr. Is/ S. Pope Jones, Jr.
Board of Aldermen

Is/ Martha C. Ball, City Clerk

Reviewed: /si Richard A. Bolin, City Manager

Is/ Charles L. Goodson, City Attorney

4726 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Adopted in open session for the second time by the Mayor and Board of Aldermen of the City of Newnan, this 6th day of August, 1979.
,/s/ Joe B. Norman, Mayor Is/ Alvin E. Johnston Is/ Billy A. Abraham ;/s/ Otis J. Jones, Sr.
Board of Aldermen
Attest:
Isi Martha C. Ball, City Clerk
Reviewed:
Is] Richard A. Bolin, City Manager
Reviewed:
Is/ Charles L. Goodson, City Attorney
Certificate of City Clerk.
I hereby certify that the above and foregoing is a true and correct copy of an ordinance to amend the charter of the City of Newnan, Georgia, filed in the office of the city clerk on the 8th day of August, 1979.
Witness my hand the official seal of the City of Newnan, Georgia
This 8th day of August, 1979.
Is/ Martha C. Ball City Clerk
Legal Notice.
Notice is hereby given that a proposed amendment to the city charter of Newnan will be considered by the mayor and board of

GEORGIA LAWS 1980 SESSION

4727

aldermen of the City of Newnan, which will amend the charter of the City of Newnan and amend the retirement plan of the City of Newnan so as to provide for postponed retirement for City of Newnan employees. A copy of said proposed amendment is on file in the office of the clerk of the City of Newnan and the office of the clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment.

This 6th day of July, 1979.

Isl Charles L. Goodson, Sanders, Mottola, Haugen, Goodson, City Attorney City of Newnan

Coweta County, Georgia.

Personally appeared before the undersigned officer authorized to administer oaths, W. W. Thomasson, who, after being duly sworn on oath, deposes and states that he is the publisher of the Newnan Times-Herald, which is the official organ of Coweta County, and that the following notice to amend the charter of the City of Newnan was published in the Newnan Times-Herald on the following dates: July 12, July 19 and July 26, 1979.

"Notice is hereby given that a proposed amendment to the city charter of Newnan will be considered by the mayor and board of aldermen of the City of Newnan, which will amend the charter of the City of Newnan and amend the retirement plan of the City of Newnan so as to provide for postponed retirement for City of Newnan employees. A copy of said proposed amendment is on file in the office of the clerk of the City of Newnan and the office of the clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The clerk of the City of Newnan will furnish to anyone, upon written request, a copy of the proposed amendment.

This 13th day of August, 1979."

Isl W. W. Thomasson

4728 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed before me, this 13th day of August, 1979.
/s/9 Virginia Start Mottola Notary Public
(Seal)
Filed in Office of Secretary of State August 28, 1979.
CITY OF OAKWOODglNSURANCE LICENSE FEES.
Ordiance.No. 65.
An Ordinance regulating and levying license fees and taxes upon the conduct of an insurance business within the City of Oakwood; and for other purposes.
Be it ordained by the Mayor and Council of the City of Oakwood and it is hereby ordained by authority thereof.
Section 1. Company License fee. There is hereby levied for the year 1979 and for each year thereafter an annual license fee upon each insurance company insuring risks within the City of Oakwood in the amount of fifteen dollars ($15), plus an additional license fee of fifteen dollars ($ 15), for each separate business location in excess of one operated and-maintained by such company within the City of Oakwood; provided, however, that said license fee shall entitle a company to write only one class of insurance, and any company writing more than one class of insurance shall be liable for additional such license fees for each class of insurance written within the City of Oakwood. For the purposes of this ordinance the insurance business is classified according to the five classes enumerated in section 53-305 of the Georgia Insurance Code.
Section 2. Agency License fee: Independent agencies, Brokers, etc., not otherwise licensed: There is hereby levied for the year 1979 and for each year thereafter an annual license fee upon each separate

GEORGIA LAWS 1980 SESSION

4729

business location from which an insurance business is conducted and which is not subject to the company license fees imposed by.section 1 hereof, in the amount of fifteen dollars ($15) for each such location within the City of Oakwood; Provided, however, that said license fee shall authorize only the class of insurance business to be conducted from such location, -and the writing of more than one class of insurance from such a location shall render such location liable for an additional such license fee for each class of insurance written.
Section 3. Gross premium tax, Life, Accident, and Sickness Insurance. There is hereby levied for the year 1979 and for each year thereafter an annual tax upon each company writing life:, accident and sickness insurance doing business within the City of Oakwood in an amount equal to one per cent (1 %) of the gross direct premium received during the preceding calendar year from policies upon the lives of persons residing within the corporate limits of the City of Oakwood. "Gross Direct Premiums" as used in Section 56-1303 of the Insurance Code of Georgia. The tax levied by this Section is in addition to the license fees levied by Section 1.
Section 4. Gross Premium Tax, All other companies: There is hereby levied for the year 1979 and for each year thereafter an annual tax upon each company doing an insurance business within the City of Oakwood in an amount equal to one per cent (1%) of the gross direct premiums received during the preceding calendar year from policies upon risks located within the corporate limits of the City of Oakwood, excluding premiums taxed under Section 3. The tax levied by this Section is in addition to the license fee levied by Section 1.
Section 5. The taxes as provided for in this ordinance are passed on the authority granted in section 56-1310 of the Georgia Insurance Code.
Section 6. Administrative Provisions.
A. The license fees levied by Section 1 and 2 hereof are due and payable on January 1, 1979, and on January 1 of each succeeding year. Any such license fee not paid by February 1 for each respective year shall be delinquent.
148-2

4730 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
B. The premium taxes levied by sections 4 and 6 hereof are due and payable upon the effective date of this ordinance. Any company not reporting and paying the premium tax on or before forty-five (45) days from the effective date of this ordinance shall be delinquent.
C. Every insurance company doing business within the City of Oakwood and subject to the fees and taxes herein imposed shall file with the city clerk, on forms precribed by her, a report showing the names and addresses of its agents representing such company in the City of Oakwood; the location and person in charge of each and every busiries's'location within the city operated and maintained by such company; the classes of insurance written; and such other reasonable information as may be required, and, in addition, shall furnish complete information regarding the premium received, by class, from policies-'written on risks residing or located within the City of Oakwood. Such report shall be made over affidavit of an officer of such company. It is hereby declared to be a violation of this ordinance'for any person, firm, corporation or their agents to knowingly give false or incomplete information on any such report. Said report shall be filed at the time of paying the license fee and premium tax.
D. The person responsible for each such insurance business location subject to license fee under section 2 hereof shall file with the city clerk a report on forms prescribed by him, showing the address of the business location, the class or classes of insurance written; the names of the persons writing insurance at such location; the names of the companies represented and such other reasonable information as may be required. The report shall be made over affidavit of the person in charge of such business location. It is hereby declared to be a violation of this ordinance for any person, firm, corporation or their agents to knowingly give false or incomplete information on any such report. Said repoort shall be filed at the time of paying the license fee.
E. All reports required to be filed under this ordinance shall be confidential and the information contained therein shall be solely for the use of the officers of the city responsible for administering this ordinance.
Section 7. Enforcement: The fees and taxes levied by this ordinance may be enforced by execution in the same manner as other

GEORGIA LAWS 1980 SESSION

4731

taxes of the City of Oakwood. A violation of this ordinance shall be grounds for refusing or revoking a license, and the person responsible may be punished as for violations of other city ordinances.
Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Is/ Lamar Scroggs Mayor
Is/ H. H. Lincoln Member of Council
/s/, Harold Scruggs Member of Council
2s7 Donald T. Wood Member of Council
Is/ Montie R. Robinson Member of Council
First reading August 13, 1979.
Published August 16, 1979.
Passed September 10, 1979.
Legal Notice.
The caption or title of the following ordinance is hereby published prior to passage as required by charter of the City of Oakwood.
An Ordinance No. 65.
An ordinance regulating and levying license fees and taxes upon the conduct of an insurance business within the City of Oakwood: and for other purposes.
A complete copy of this ordinance is available for inspection at the City Hall in Oakwood, Georgia.

4732 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
This is to certify that the advertising appearing on this statement was published in our paper on the dates shown.
Is/ H. L. Milton Controller
Sworn to and subscribed before me, this the 2nd day of October, 1979.
Is/ Betty Dee Notary Public
Hall County, Georgia.
I, Pat Dozier, clerk of the City of Oakwood, Georgia, do hereby certify that the attached ordinance which appears of record in the minutes of the proceedings of the City of Oakwood, known as Ordinance No. 65, which was duly passed on September 10, 1979, and that same is a true and correct copy of said Ordinance.
Witness my official signature and seal of the City of Oakwood, Georgia, on this 21st day of September, 1979.
fe/ Pat Dozier City Clerk City of Oakwood, Georgia t
(Seal).
Filed in Office of Secretary of State October 9, 1979.
CITY OF PEACHTREE CITY-MUNICIPAL COURT.
An ordinance to amend the charter of the City of Peachtree City, as amended, so as to change the name of the recorder's court to the municipal court of Peachtree City, to change the title of the presiding officer of such court from recorder to judge, to change the title of the recorder pro tern to judge pro hac vice, to change the method of judicial review from an appeal to a writ of certiorari, to increase the

GEORGIA LAWS 1980 SESSION

4733

maximum jurisdiction of the municipal court, to repeal conflicting laws and ordinances, and for other purposes.
Be it ordained by the mayor and council of the City of Peachtree City, and it is so ordained by the authority thereof, pursuant to the authority vested in the mayor and council as the governing authority of the City of Peachtree City, by Georgia Code Title 69-1017 (a) and(b) l,(Acts 1965, pp. 298,299), known as the "Home Rule Bill", to amend its charter, said charter is hereby amended as follows:
Section 1. Section 2 of an Act of the General Assembly approved March 5, 1970, .(Ga. L. 1970, p. 2286), amending an Act of the General Assembly creating and incorporating Peachtree City in the County.of Fayette, Georgia, approved March 9, 1959, (Ga. L. 1959, p. 2409), is hereby amended by> striking the name "Recorder's Court" wherever it appears in said Act and substituting in lieu thereof the name "Municipal Court"; by striking the title "recorder", wherever it appears in said Act and substitute the title "judge"; and by striking the title "recorder pro tem" wherever it appears in said Act, and substituting the title "judge pro hac vice."
Section 2. Section 48 of an Act of the General Assembly, approved March 9, 1959, (Ga. L. 1959, p. 2409), as enacted in Section 2 of an Act approved March 5, 1970, (Ga. L. 1970, p. 2286), is hereby amended by striking the first sentence thereof, which reads as follows:
"The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of Peachtree city passed in accordance with this charter, to an amount not to exceed two hundred dollars ($200.00) for each offense; to imprison offenders for a period of not more than sixty (60) days for each offense; or at labor on the roads and streets or other public works of said city for not more than sixty (60) days for each offense; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify.", and by inserting and adding in lieu thereof the following:
"Unless a lesser penalty is provided by ordinance the judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of Peachtree City passed in accordance with

4734 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

this charter, to an amount not to exceed one thousand dollars ($ 1,000.00) for each offense; to imprison offenders for a period of not more than twelve months (12) for each offense; or at labor on the roads and streets or other public works of said city for not more than twelve (12) months for each offense; any one or more of these punishments in the discretion of the judge."

Section 3. Section 49 of an Act of the General Assembly, approved March 9, 1959, (Ga. L. 1959, p. 2409), as enacted in Section 2 of an Act approved March 5, 1970, (Ga. L. 1970, p. 2286), is hereby amended by deleting said section in its entirety, thereby repealing it, and adopting in lieu thereof a new section 49 to read as follows:

"Section 49. Right of Judicial Review of Final Judgments and Sentences. Any defendant who is dissatisfied with the judgment or sentence of the municipal court shall have the right to seek review of said judgment or sentence by filing a petition for the writ of certiorari in the Superior Court of Fayette County as provided by the general law of this State. Upon the filing of a notice of intention to petition for certiorari with the clerk of the municipal court in writing and within ten (10) days after the date of the final judgment, it shall be the duty of the judge of said court to assess a reasonable bond pending the review of the judgment of conviction, with such surety or sureties to be approved by the clerk of said court, and such bond, when filed and approved as provided herein, shall act as a supersedea of judgment until the final judgment of the superior court."

Section 4. Effective Date. This ordinance'shall take effect on the date of its final approval by the mayor and council.

Section 5. Repeal. All laws and ordinances in conflict with this or-i dinance are hereby repealed.

Adopted on first reading this 1st day of February, 1979.

Attest:

/s/JJHolt E. Frady Mayor

Isl,` Frances Meaders City Clerk

GEORGIA LAWS 1980 SESSION

4735

Adopted on second and final reading this 1st day of March, 1979.
Is/ HoltE. Frady Mayor
Attest:
Isl Frances T. Meaders City Clerk
Fayette County, Georgia.
I, Frances T. Meaders, city clerk of the City of Peachtree City, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the mayor and council of the City of Peachtree City at its two regular consecutive meetings on February 1, 1979, and March 1, 1979, as the same appears on file and record in my office.
Witness my signature and the official seal of the City of Peachtree City.
This 1st day of March, 1979.
/sA Frances T. Meaders City Clerk City of Peachtee City
Notice.
Notice is hereby given that an ordinance will be presented to the mayor and council of the City of Peachtree City for final adoption on March 1, 1979, at 7:30 p.m. at the city hall in Peachtree City to amend the charter of the city pursuant to authority granted by the Home Rule Bill, Georgia Laws 1965, pp. 298, 299, (Georgia Code Title 69-1017 (a) and (b) 1,) and was presented for first reading on February 1, 1979 at 7:30 p.m. at the same place.
The proposed charter amendment will change the name of the recorder's court to the municipal court of Peachtee City, change the title of the recorder to judge, change the title of the recorder pro tern to judge pro hac vice, increase the permissible penalties to be in-

4736 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
flicted by the Court, change the method of appeal to petitions for certiorari, and repeal conflicting laws and ordinances.
A copy of the proposed amendment is on file in the office of the city clerk of the City of Peachtree City at the city hall, and in the office of the clerk of Superior Court of Fayette County for the purpose of examination and inspection by the public.
i t .jsl Frances Menders v City Clerk
Affidavit.
I, James C, _Booth, Jr.b publisher of This, Week, a newspaper of general sjrculation in Fayette County and Peachtree City, Ga., hereby certify the following:
I certify that a legal advertisement concerning a proposed charter amendment changing the name*! of the recorder's court to the municipal court of Peachtree City did appear in the February 7, February 14 and February 21 editions of this newspaper.
Isl James C. Booth, Jr. Publisher
Is/ Frances T. Meaders Notary Public, Georgia, State at Large. My Commission Expires May 16, 1981.
(Seal).
Filed in Office of Secretary of State March 14, 1979.

GEORGIA LAWS 1980 SESSION

4737

CITY OF ST. MARYS-CITY MANAGER.

To amend an Act creating a new charter and municipal government for the City of St. Marys (Ga. Laws 1910, p. 1086), as amended, so as to provide for a city manager; to provide for appointment,
qualifications, and removal of the city manager, to provide for an acting city manager; to provide for powers and duties of the city
manager; and for other purposes.

Be it ordained by the Mayor and Council of the City of St. Marys, Georgia.

Section 1. An Act creating an new charter and municipal government for the City of St. Marys (Ga. Laws 1910, p. 1086), as amended, is hereby amended by adding following section 3 a new section 3A to read as follows;

"Section 3A. (a) A city manager shall be appointed by a majority vote of all council members for a term set by contract with the city manager.
(b) The city manager shall be chosen solely on the basic of executive, administrative, and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of appointment, he or she need not be a resident of the city or the State, but during the tenure of office he or she shall reside within the city.

(c)

' No council member shall receive this appointment d

term for which the member was elected nor within one (1) year after

the expiration of that term.

(d) The council may remove the city manager by such procedure as may be set out in the city manager's contract with the city.

(e) The mayor shall serve as acting city manager to exercise the powers and perform the duties of the city manager during any temporary absence or disability, which disability shall be acknowledged by a motion adopted by a majority vote of all council members present.

(f) The city manager shall:

4738 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) be the chief administrative officer of the city;
(2) be responsible to the council for the proper administration of all affairs of the city;
(3) appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by State law, this charter, or personnel ordinances0of the city;
(4) be authorized to delegate the appointment and removal powers in (3) above to each department head of the city for that department;
(5) nominate for appointment any officers, agents, or employees of the city required tq.be appointed by the council and no appointment hereunder shall be made without the endorsement of the city manager;
(6) prepare and submit an operating and capital improvements budget annually to the council;
(7) prepare and submit to the council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year;
(8) make any other reports on the operation of any aspect of the city operation as the council may request by motion; and
(9) perform any other duties and exercise any other powers as directed by ordinance consistent with this charter and State law.
(g) The city manager shall appoint and remove all department heads with the consent of the council adopted by motion and may personally serve as department head of any and all departments.
(h) The city manager shall enter into contracts only with the consent of the council adopted by motion or as authorized by ordinance."
Section 2. This amendment shall become effective on April 12, 1979.

GEORGIA LAWS 1980 SESSION

4739

Section 3. All ordinances or resolutions in conflict herewith are hereby repealed.
Certificate
I, Jane C. Howard, the duly appointed, qualified and acting clerk of the City of St. Marys, Georgia, do hereby certify that the attached ordinance is a true and correct copy of an ordinance adopted at the regular meetings of the mayor and council of the City of St. Marys held on March 1, 1979 and April 5, 1979, as it appears on record and file at city hall.
In testimony whereof, I have hereunto set my hand and affixed the seal of the City this 6th day of April, 1979.
Is/ Jane C. Howard, City Clerk
Legal Notice.
Notice of Proposed Amendment to City Charter
of the City of St. Marys.
Notice is hereby given that the Mayor and Council of the City of St. Marys, Georgia will, at their regular meetings on March 1, 1979 and April 5, 1979 act to amend the city charter of the City of St. Marys. The proposed amendment will add a new section 3A to the city charter to provide for a city manager of the City of St. Marys; to provide for appointment, qualifications, and removal of said city manager; to provide for the mayor to serve as acting city manager during the absence or disability of the city manager; and to provide for the duties, powers, and responsibilities of the city manager. A copy of the proposed amendment is on file in the office of the clerk of the City of St. Marys and in the office of the clerk of the Superior Court of Camden County, Georgia, for the purpose of examination and inspection by the public. Upon written request to the City of St. Marys, the City shall furnish anyone so requesting a copy of the proposed amendment.
7s/ Alvin J. Dickey, Mayor of the City of St. Marys

4740 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Affidavit of Publisher.
Georgia, Camden County.
Personally appeared before the undersigned, officer, duly anuthorized to administer oaths, Carlton Roberts, who, after being duly sworn, deposes and says on oath that he is the editor and the manager of the Camden County Tribune, which is a newspaper of general circulation in the municipality of St. Marys, Georgia, the same being a public newspaper published in St. Marys, Camden County, Georgia, and that the notice attached hereto was published once a week for three weeks in said newspaper in the issues of February 22, 1979, March 1, 1979, and March 8, 1979.
Is/ Carlton Roberts
Sworn to and subscribed before me, this 9th day of April, 1979.
/silPaula A. McCall Notary Public, Georgia State At Large. My Commission Expires April 28, 1981.
Filed in Office of Secretary of State April 13, 1979.
CITY OF THOMASVILLEgSALARIES.
An Ordinance to amend the charter of the City of Thomasville, which was established by an Act approved October 3, 1889,(entitled "An Act toi incorporate the Town of Thomas,ville as the City of Thomasville", (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent Acts, by striking in its entirety sec-, tion 7 of the charter, which is section 12 of the charter as codifed, captioned "Salary of Mayor and Commissioners", and substituting therefor an entirely new section 7 of the charter, which would be section 12 of the charter as codified, captioned "Salary of Mayor and Commissioners", so as to change the salary to be received by the commissioners and the salary to be received by the one of their number designated as mayor and to provide that this ordinance shall

GEORGIA LAWS 1980 SESSION

4741

in no wise change the existing charter or form of government of the City of Thomasville in any manner, except the compensation to be received by the board of commissioners and the. commissioner designated as mayor; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
Section I. Be it ordained by the Board of Commissioners of the City of Thomasville, and it is hereby ordained by authority of the same that the charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to incorporate the Town of Thomasville as the City of Thomasville", (Ga. Laws 1888-1889, pages 854-864, inclusive), as amended by several subsequent acts, which acts and amendments provided the salary of the mayor and commissioners, be, and the same is hereby amended by striking in its entirety section 7 of the charter, which is section 12 of the charter as codified, captioned "Salary of Mayor and Commissioners", and substituting therefor an entirely new section 7 of the charter, which would be section 12 of the charter as codified, captioned "Salary of Mayor and Commissioners", such new section 7 to read as follows:
"Section 7. Be it further enacted that from and after the effective date of this ordinance, each commissioner, except the commissioner designated as mayor, shall receive a salary of two hundred fifty dollars ($250.00) per month, payable monthly out of the treasury of said city. On and after the effective date of this ordinance, the commissioner chosen to act as mayor shall receive a salary of three hundred fifty dollars ($350.00) per month, payable monthly out of the treasury of the said city."
Section II. Be it further ordained that the provisions of this ordinance increasing the compensation of the members of the board of commissioners and the provision increasing the salary of the commissioner chosen to act as mayor shall become effective on and after January 4, 1980.
Section III. Be it further ordained that all portions of the charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed.
Section IV. Be it further ordained that if any part of this ordinance be declared void it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.

4742 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Section V. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies among other things, the substance of this ordinance with a certificate of the president of that corporation known as the Times-Enterprise Company,' Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County, in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three (3) weeks within a period of sixty (60) days immediately preceding the day of the final adoption of this ordinance.
This ordinance was introduced and read at a lawful meeting of the board of commissioners of the City of Thomasville held March 26th, 1979, and read the second time, passed, and adopted in like meeting held April 23 rd, 1979.
Is/ J. A. Bracey Mayor
/s/. J. F. Ariail Clerk
Georgia, Thomas County.
Certified a true copy of original ordinance and attached document.
This 25th day of April, 1979.
*^s/ J. F. Ariail City Clerk
Georgia, Thomas County.
Personally appeared before the undersigned attesting officer, Julius F. Ariail, Clerk of the City of Thomasville, Georgia, who, on oath, deposes and says that a copy of the foregoing ordinance proposing to amend the charter of the City of Thomasville was filed in his office on the 26th day of March, 1979, for the purpose of examination and inspection by the public.

GEORGIA LAWS 1980 SESSION

4743

Further deposing, I say; -under oath, that I am custodian of all records and the keeper of the minutes of the board of commissioners for the City of Thomasville and that the foregoing ordinance is a true and exact copy of that ordinance, which was adopted by the city of Thomasville in a regular meeting of the board of commissioners held in chambers on the 23rd day of April, 1979, the original of which is in my possession and appears as a part of the official minutes of that meeting.
Isl Julius F. Ariail, City Clerk
Sworn to and subscribed before me, this the 23rd day of March, 1979:
Isl Louise W. Dukes Notary Public, Thomas County, Georgia. My Commission Expires March, 24, 1982.
Thomasville By Ordinance Pursuant To The Provisions
Of That Act Of The General Assembly Of Georgia Known As "The Municipal Home
Rule Act of 1965".
City Of Thomasville, Georgia.
Notice is hereby given that an Ordinance will be introduced and read for final adoption on April 23, 1979, to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled "An Act to Incorporate the Town of Thomasville as the City of Thomasville", (Ga. Laws 1888-1889,i Pages 854-864, inclusive), as amended by several subsequent Acts, by striking in its entirety Section 7 of the Charter, which is Section 12 of the Charter as codified, captioned "Salary of Mayor and Commissioners", and substituting therefor an entirely new section 7 of the Charter, which would be section 12 of the Charter as codified, captioned "Salary of mayor and commissioners", so as to change the salary to be received by the commissioners and the salary to be received by the one of their number designated as Mayor and to provide that this ordinance shall in no wise change the existing charter or form of government of the City of Thomasville in any manner, except the compensation to be received by the board of commissioners

4744 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL, II
and the commissioner designated as Mayor; to provide the effective date of this Ordinance; to repeal all ordinances in conflict herewith; and for other purposes.
A copy of this proposed amendment to the charter of the City of Thomasville is on file in the office of the clerk of the City of Thomasville is on file in the Office of the clerk of the Superior Court of Thomas County, Georgia, for the purpose of the examination and inspection by the public, all as required by law.
This the 4th day of April, 1979.
B. B. Earle, Jr. City Attorney Thomasville, Georgia
Georgia, Thomas County.
Personally appeared before the undersigned attesting officer L. Edward Kelly, who, on oath, deposes and says that he is the president of that corporation known as the Times-Enterprise Company, Incorporated, and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, and that the Thomasville TimesEnterprise Daily Edition published on Friday of each week, is the newspaper in which sheriff's advertisements for Thomas County are published. Further deposing, he says .that as President of that corporation, he is the person duly vested with authority to sign for that corporation in alLsuch matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the 6th day of April, 1979, and on the 13th day of April, 1979, and on the 20th day of April, 1979.
This the 23rd day of April, 1979.
/si L. Edward Kelly

GEORGIA LAWS 1980 SESSION

4745

Sworn to and subscribed before me, this the 23rd day of April, 1979.
Is/ Lean Sampson Notary Public, Georgia, Residing in Thomas County. My Commission Expires Feb. 16, 1980.
Filed in Office of Secretary of State April 27, 1979.

CITY OF WARNER ROBINS--MEETINGS OF MAYOR AND COUNCIL.
An Ordinance of the mayor and council of the City of Warner Robins, Georgia amending the city charter by amending a portion of section 2-403 pertaining to special meetings.
Be it ordained by the mayor and council of the City of Warner Robins, Georgia, and it is hereby ordained by authority of the same that section 2-403 be amended as follows:
I. By deleting from sub-section (b) of Code section 2-403 the following:
"Only the business, stated in the call may be transacted at the special meeting and no action at a special meeting shall be valid unless the requirements of this section are met."
Code Section 2-403 shall be further amended by adding thereto the following:
"Any business may be transacted at a special meeting which could be transacted at a regular meeting".
II. All ordinanpes and parts of ordinances in conflict with this ordinance are hereby repealed.

4746 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

The effective date of this Ordinance shall be the 20th day of February, 1979.
This 20 day of February, 1979.

Attest: Thomas E. McMinn Clerk
First Reading 2-5-79.

City of Warner Robins, Georgia Is/ Foy Evans
Mayor

Legal Notice.
In compliance with Section 69-1017(b) of the Code of Georgia notice is hereby given that the City of Warner Robins, Georgia intends to amend its charter by adopting an ordinance at two regular consecutive meetings of1 the municipal governing authority, said meetings to be held on February 5, 1979 and February 19, 1979 at 6:30 P.M. at the City Hall in Warner Robins,,,Georgia so as to amend that section of the charter codified as Code section 2-403 pertaining to regular and special meetings of the governing authority as follows:
By deleting from sub-section (b) of code section 2-403 the following:
"Only the business stated in the call may be transacted at the special meeting and no action at a special meeting shall be valid unless the requirements of this section are met."
Code section 2-403 shall be further amended by adding thereto the following:
"Any business may be transacted at a special meeting which could be transacted at a regular meeting."

GEORGIA LAWS 1980 SESSION

4747

A copy of the proposed amendment is of file in the office of the City Clerk at the City Hall, 700 Watson Boulevard, Warner Robins, Georgia and in the office of the clerk of the Superior Court of Houston County at the courthouse in Perry, Georgia for the purpose of examination and inspection by the public. City of Warner Robins, Georgia.
/s/- Foy Evans, Mayor
Attest: Thomas E. McMinn, City Clerk
Georgia, Houston County.
Personally appeared before the undersigned officer, authorized by law to administer oaths, the undersigned affiant, who, being first duly sworn, deposes and says on oath that he is a duly authorized representative of the Warner Robins Daily Sun and that the attached notice pertaining to amendment of the charter of the City of Warner Robins was published in the Warner Robins Daily Sun on January 19, 1979, January 26, 1979 and February 2, 1979 as required by Georgia Laws 1965, PP. 298 et seq., as amended, known as the "The Municipal Home Rule Act of 1965."
This 6th day of March, 1979.
Is/ Thomas Reed
Sworn to and subscribed before me, This 6th day of March, 1979.
Isl. Iris Slappey Notary Public. My Commission Expires August 3, 1981.
(Seal).
Filed Office of Secretary of State March 9, 1979.

4748 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF COVINGTON--TELEVISION DISTRIBUTION SYSTEM.
An ordinance of the City of Covington, Georgia, to amend the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia by act approved January 30, 1962 (Georgia Laws 1962, page 2003) as amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) by adding provisions to Section 58 of the Charter of the City of Covington Authorizing the City of Covington to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy within the limits of Covington, Georgia, to provide for an effective date therefore and for other purposes.
Be it ordained by the Mayor and Council of the City of Covington, Georgia, in council duly assembled and it is hereby ordained by the authority of same and pursuant to the provisions of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, page 298) as amended, that the Charter of the City of Covington, Georgia, be amended by adding a subparagraph to Charter Section 58 entitled "Utilities, Referendum Required for Sale of; Rights-of-Way, Easements, Etc.", which subparagraph will be identified as subparagraph (g) and will read as follows:
"(g) The City is hereby authorized to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy (including audio signals and visual images by means of electrical impulses) within the City limits as it now exists or shall hereafter exist and in connection therewith, the City is authorized to acquire, by contract or purchase, all equipment, towers, receivers, lines and related apparatus, all rights-of-way, easements and other property necessary to carry out these purposes, including the use of all existing City rights-of-way, easements and other property. The City is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm or corporation at the point of reception thereof by the City or at any point where the City may hereafter have means of distribution thereof and to fix rules and regulations under which the same may be furnished and distributed and likewise, to fix the terms upon which the same are to be furnished and the manner of payment therefor and the

GEORGIA LAWS 1980 SESSION

4749

charges to be paid therefor will be the rate of charges to be established from time to time by resolution of the Mayor and Council. Nothing contained herein shall prohibit the City from granting franchises in accordance with Charter Section 9(n) for the private:operation of such a system of reception, transmission and distribution of television impulses and television energy aforesaid."
This Ordinance shall become effective upon complete compliance with Section 6 of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pages 298, 307); however, in no event shall this Ordinance become effective prior to August 21, 1979.
First offered and adopted on the 6th day of August, 1979, and again adopted on this the 20th day of August, 1979, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting of August 6, 1979.
Isl W. L. Dobbs, Mayor Attest: Betty L. Schell, City Clerk
(City Seal)

Notice of Intent to Adopt An Amendment to the Charter of the City of Covington, Georgia, pursuant to Municipal
Home Rule. Act of 1965
The Council of the City of Covington intends to adopt an amendment to Section 58 of the Charter of the City of Covington, Georgia, as enacted by the General Assembly of the State of Georgia by Act approved January 30, 1962 [Georgia Laws 1962, page 2003] as amended, pursuant to the Municipal Home Rule Act of 1965 [Georgia Laws 1965, page 298] as amended. The proposed amendment will authorize the City of Covington to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy [including audio signals and visual images by means of electrical impulses] within the City limits as it now exists or shall hereafter exist and to fix rules and regulations under which such services shall be furnished and distributed including the rate of charges therefor. A copy of the proposed amendment is on file with the City Clerk, Mrs. Betty L. Schell, at City Hall, Covington, Georgia, and in the Office of the

4750 LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Clerk of Superior Court of Newton County, Georgia, Newton County Courthouse, Covington, Georgia, for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon request, a copy of the proposed amendment.
The City of Covington By (Mrs.) Betty L. Schell
Affidavit of Publication.
Georgia, Newton County.
Personally appeared before the undersigned officer, Leo S. Mallard, who says under oath that he is President of The Covington News, a newspaper which has >' general circulation in the municipality of Covington, Georgia, and is the official organ of Newton County, Georgia; the county in which the City of Covington is located, and that a legal notice, copy of which is attached hereto as Exhibit "A" and made a part hereof by reference, appeared as a legal advertisement in the July 19, 1979, July 26, 1979, and August 2, 1979, editions of The Covington News.
Isl Leo S. Mallard
Sworn to and subscribed before me, this 21st day of August, 1979.
Isl Cherie W. Aynes Notary Public, Georgia, State at Large. My Commission Expires Nov. 2, 1979.
(Seal).
Filed in Office of Secretary of State August 27, 1979.

4751
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980
George Busbee Governor
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 206, 463, 895, 1099, 1121, 1153, 1210,1301, 1500 and 1578 which were passed by the General Assembly of Georgia at the 1980 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely, ,/s/ George Busbee
George Busbee
GB :ctl Enclosures cc: Honorable Zell Miller, Lieutenant Governor of Georgia
Honorable Glenn W. Ellard, Clerk, House of Representatives
Honorable Hamilton McWhorter, Jr., Secretary of Senate
Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable David B. Poythress, Secretary of State
Veto No. 12--H. B. 206 by Representative Pinkston of the 100th
House Bill 206 changes the venue for suits brought against corporations. During the legislative process an amendment inadvertently has permitted the possibility of a corporation being sued in contract in any county in which the corporation has an office even though that county has

4752
not the slightest nexus with the contract. This is an unwise circumstance; therefore, I have vetoed House Bill 206.
Veto No. 18--H. B. 463 by Representatives Johnson of the 74th, Buck of the 95th, Wilson of the 19th and others
House Bill 463 amends the Act which provides for a health insurance program for public school employees to add to those eligible to participate in the program classroom aides, paraprofessionals and non-certified administrative and clerical personnel of all public school systems. Senate Bill 145 is an identical version of House Bill 463. Senate Bill 145 has been approved by me. Therefore, I have vetoed House Bill 463 to avoid an unnecessary duplication.
Veto No. 14--H. B. 895 by Representatives Harris of the 8th, Battle of the 124th and Logan of the 62nd
House Bill 895 is designed to more clearly establish a public policy statement concerning the authority and responsibility of thej, S.tate Board of Education to develop standards for programs in teacher certification. The original thrust of the bill espoused an acceptable philosophical approach to the Solution of the problem presently being experienced and evoked by a proposed course of action by the State Board of Education in this regard. However, as the bill was subsequently amended and passed, it is my b,elief that more confusion concerning the issue would result if the bill were allowed to become law. Additionally, school systems would not bq permitted to . employ as teachers graduates of out-of-state colleger or universities unless such institutions are accredited by the National Council for Accreditation of Teacher Education. Georgia presently recruits many talented teachers from out-of-state institutions who are not so accredited. The problems which subsequently arose by the rewriting of the original version of HouseiiBill 895 were unintended. Prior to taking this veto action, I have counseled with those most closely affected and responsible for the programs and the consequences connected with the proposed solution embraced within House Bilk 895 as introduced. I am persuaded that the difficulties which provoked the introduction of this bill are capable of resolve without the necessity of legislative intervention. If not, I will look with favor upon a proposal which does not contain the problems present in this bill.

4753
Veto No. 15--H. B. 1099 by Representatives Cason of the 96th, Buck of the 95th, Thompson of the 93rd and others
House Bill 1099 would establish criteria for programs of evaluation prior to implementation of certain projects to be undertaken by the Deparment of Medical Assistance which govern the reimbursement of licensed hospitals for the cost of providing medical assistance. This bill would severely impair the effectiveness of'the State to. design, develop and implement cost containment programs which are intended to help bring under control the costs of health services. The concerns of the hospital industry which provoked the introduction and passage of this legislation have been recognized and appropriate administrative actions have been implemented which will afford to the industry adequate opportunity to become informed of any proposed new policy or program, to submit their reaction and to adequately evaluate the impact upon the hospital's fiscal policy. With these safeguards, the constraints which would otherwise be imposed upon effective cost containment projects should not be permitted, and I have accordingly vetoed House Bill 1099.
Veto No. 16--H. B. 1121 by Representatives Snow of the 1st, Murphy of the 18th and Thompson of the 93rd
House Bill 1121 was one of a package of bills sponsored by the Code Revision Commission preparatory to the adoption in 1981 of a new Code. Through inadvertence a perfecting amendment to the bill was omitted. Therefore, the author of House Bill 1121 has requested that I veto the bill because of technical problems which would have otherwise resulted if the measure were allowed to become law. I have acceded to the author's request.
Veto No. 17--H. B. 1153 by Representatives Lambert of the 112th, Hatcher of the 131st, Nichols of the 27th and others
As a result of other legislative measures which have been adopted and approved at the 1980 session of the General Assembly, the responsibility for training fire fighting personnel previously exercised by the Georgia Fire Academy will be transferred to the Board of Public. Safety. Eventually when constructed and completed, fire fighting personnel will receive their training at the proposed comprehensive public safety training facility to be located in Monroe County. House Bill 1153 was an administration bill to add as an additional member of the Board of Public Safety a

4754
fire fighter. The' addition of a fire fighter to the Board would more than adequately have provided the necessary input of fire fighters' interest^, into the Board's responsibility concerning their training. Despite., repeated agreements by these interests with me that one,additional. member was sufficient, House Bill 1153 was amended and passed to add two members to the Board of Public Safety to come from the membership of the Georgia State Firemen's Association. For the foregoing reasons, there will be no member of the Firemen's Association on the Boa,rd of Public Safety.
Veto No. 18--H. B. 1210 by Representatives Buck of the 95th, Harris of the 8th and Daugherty of the 33rd
House Bill 1210 provides an increase of 15.5 percent in retirement benefits available:;ito members of the Superior Court Clerks' Retirement Fund. No corresponding increase in member contributions to the retirement fund or other appropriate increase in. measures which fund the payment of retirement benefits were accomplished. The maximum required employee contribution to the fund of $18.00 has not been changed in 17 years. Previously, I have given my approval to House Bill 104 which enhances the jointsurvivorship benefits to recipients of benefits of the fund. Based upon sound actuarial projections, I am advised that if House Bill 1210 were also approved, the situation could arise that within one year the retirement fund could be experiencing unfunded liabilities. For these reasons I have not permitted House Bill 1210 to become law. I am informed that at the next session of the General Assembly, an actuarially sound program to increase retirement benefits for members of the Superior Court Clerks' Retirement Fund will be introduced.
Veto No. 19--H. B. 1301 by Representatives Burruss of the 21st, Carrell of the 75th and Marcus of the 26th
House Bill 1301 is a comprehensive bill intended to provide through expanded training and new procedures an improved property tax administration. Many of the features of the bill are laudable and should result in better property tax administration; others, however, have the potential to be counterproductive to good tax administration and merit more intense scrutiny and evaluation before being allowed to become law. The more troublesome and disturbing features of the bill relate to a fundamental change and departure in the methods for the evaluation of public utility property. Presently the value of public utility property is

4755
determined by the State Revenue Commissioner and the State Board of Equalization, if the taxpayer is dissatisfied. House Bill 1301 allows for the first time local boards of tax assessors a voice in determining the value of the utility's property. This concept in and of itself is not the problem, but rather the manner in which local boards are given this authority and the implications which necessarily flow from the course embarked upon by the bill. Many questions are raised by the various provisions of the bill for which no answers are provided. Particularly troublesome is the unresolved question of what would be the proper venue for an appeal of the decision of the Board of Equalization if a local board of tax assessors has appealed the Revenue Commissioner's determination. The preoccupation which the potential for the large number of appeals which are made possible by this fundamental change in utility taxation could inhibit and indeed paralyze the Revenue Department's ability to administer the complex annual evaluation and assessment of public utility property in future years. If this were to occur, chaos and disaster could surface in many counties and municipalities if these local governments should be denied in a timely manner the vital and essential source of revenue which enables ;these units of governments to provide basic and essential governmental services. Before a change in direction of the magnitude contemplated within this, legislation is embarked upon, the full impact and all possible implications should be thoroughly analyzed and evaluated and answers found for the questions raised for which there are presently no answers. Because the changes wrought by the bill insofar as public utility taxation are concerned would not become effective until the next calendar tax year, I deem it to be the more prudent and responsible position to afford to the Tax Reform Commission the time to reassess all of the implications in its recommended course of action contained within House Bill 1301 rather than dealing with potential problems as they might arise in the future and perhaps.suffering the consequences which might be devastating. Accordingly, I have reluctantly vetoed House Bill 1301.
Veto No. 6--H. B. 1500 by Representatives Childs of the 51st, Collins of the 144th and Williamson of the 45th
House Bill 1500 would require that a tax at the rate of one percent of the gross direct premiums received from life insurance policies written on persons who reside in the unincorporated areas of this State be levied and collected by each county governing authority. Each life insurance company would have been permitted to deduct from its obligation to pay a state premium tax a figure corresponding

4756
the tax directed to be levied by this bill. The State treasury would thus lose an estimated 10 million dollars annually. The granting of a tax authority to counties at the expense of State revenues at this critical economic juncture is not prudent and is unwise, and I have therefore vetoed House Bill 1500.
Veto No. 20--H. B. 1578 by Representatives Marcus of the 26th, Collins of the 144th land Harris of the 8th
House Bill 1578 requires that the` Department of Medical Assistance formulate' a plan which will allow Georgia residents who are 65 years or older regardless of their financial status :to purchase prescription drugs for their use from pharmacists without paying rthe applicable State and local (ikies and use tax imposed upon the transaction. After properly maintaining ( the necessary tax records and accomplishing the requisite accounting procedures, the pharmacist may deduct from his StatS'shies tax liability a figure which corresponds to the'tax not paid on the purchase. The overall objective sought to be accomplished by the bill is to relieve the elderly of the burden, if any, of the sales and use tax which is otherwise applicable'. Whether'ft Can be argued successfully'lhat the payment of a bales' tax on prescription drugs is1' a-'burden to' the well-to-do or extremely wealthy elderly resident is doubtful?1 Unquestionably, the measure would provide some relief to low income elderly residents who are required to expend1-an inordinate amount of their disposable income on medicine. I am in complete sympathy with the desire to relieve this class of citizens of-some of their tax burdens. I have previously approved of! legislation which will allow those who qualify to defer a portion of their ad valorem property tax payments. Unfortunately, our Constitution prohibits the enactment of a scheme contemplated by House Bill 1578. Even though this measure, because of its unconstitutionality cannot be brought to fruition, the very same relief from any burden imposed upon the elderly by the sales tax on prescriptions can be afforded very simply and effectively without the necessity of imposing upon the pharmacist additional record-keeping and accounting burdens by simply exempting such transactions from the sales and use tax.

4757
OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 14, 1980
George Busbee Governor
Honorable Zell Miller Lieutenant Governor of Georgia President of the Senate State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 328, 338, 363, 498, and 557 which were passed by the General Assembly of Georgia at the 1980 Regular Session.
Article V, Section II, Paragraph VI of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are enclosed.
Sincerely, /s/ George Busbee
George Busbee
GB:ctl Enclosures cc:J Honorable Thomas B. Murphy, Speaker, House of
Representatives Honorable Glenn W. Ellard, Clerk, House of
Representatives Honorable Hamilton McWhorter, Jr., Secretary of
Senate Honorable Frank H. Edwards, Legislative Counsel Honorable Arthur K. Bolton, Attorney General Honorable David B. Poythress, Secretary of State
Veto No. 7--S. B. 328 by Senator Carter of the 14th Senate Bill 328 authorized a single individual receiving benefits from the Georgia Legislative Retirement System

4758
to receive gratuitously credit for prior service thereby resulting in an increase of the former member's present retirement benefits. In order to protect the integrity of the various State retirement funds, it has been a longstanding policy that in order for credit for prior service be extended to members or former members of the funds, it must be accomplished on an equitable and sound actuarial basis. A departure from this policy is unwise and, therefore, I have properly prohibited such a departure from becoming effective in order to preserve the integrity of the fund.
Veto No. 8--S. B. 338 by Senator Kidd of the 25th Senate Bill 338 authorizes the Department of Transportation to acquire and maintain their own electronic data processing equipment and systems, independent of the centralized data processing services provided to other State departments and agencies by the Department of Administrative Services. Such a change, if permitted, would not be a lyise and prudent course of action and would not be the most efficient utilization and manner of discharging the requirements and needs of D. O. T. in the data processing area. I am persuaded that the particular and unique data processing requirements of D. 0. T., particularly in the area of engineering applications, are now more clearly understood and can be adequately addressed by D. O. A. S. in the future. Therefore, I have vetoed Senate Bill 338.
Veto No. 9--S. B. 363 by Senators Starr of the 44th, Howard of the 42nd and Gillis of the 20th
Senate Bill 363 was an administration sponsored bill to add a consumer member to the Georgia Marriage and Family Counselor Licensing Board. During the legislative process, a number of substantive and unrelated amendments were added to the bill and several were deleted. After completing the legislative process, it is quite clear from the posture in which the bill has been presented to me for my executive action that the substantive features added to the original, as introduced version, of the bill have not been carefully or thoughtfully considered: e. g.--the body of the bill does not conform to the title and serious errors of drafting form appear in the final version of the bill which place in doubt the validity of Senate Bill 363 if it were to be approved and allowed to become law. The evaluation of the board under the "sunset" review processes do not cause me to conclude that serious or irreparable harm to the public interest will occur if the Marriage and Family Counselor Licensing Act is allowed to terminate July 1, 1980. By this means the General Assembly in a more thoughtful and less cavalier

4759
fashion may in the future have the opportunity to evaluate the wisdom of whether the public interest can be best served by regulating and licensing any or all of the aspects associated with marriage and family counseling activities. For these reasons, I have vetoed Senate Bill 363.
Veto No. 10--S. B. 498 by Senator Holloway of the 12th The State Medical Education Board is presently provided for in Article X of the 1976 Constitution. In anticipation of the adoption by the General Assembly of a comprehensive revision of the 1976 Constitution, including Article X, recommended by the Select Committee on Constitutional Revision, Senate Bill 498 statutorily created the State Medical Education Board so that the revision project might delete from the new Constitution what is essentially statutory material. The effectiveness of Senate Bill 498 was contingent upon the ratification of a new Constitution. The General Assembly failed to adopt the necessary proposal to review the Constitution. Consequently the author of Senate Bill 498 has requested that I veto this bill, and I have done so. Veto No. 11--S. B. 557 by Senators Coverdell of the 40th
and Bond of the 39th Senate Bill 557 changes the degree of care owed by an operator of a motor vehicle to a guest passenger by increasing the duty from slight care to ordinary care. At a time when it is imperative to conserve energy, to adopt measures which could discourage operators of motor vehicles from sharing their vehicles with passengers is not in the best interest of the public.

4760

COUNTIES AND SUPERIOR COURT CIRCUITS

APPELLATE COURTS

4761

SUPREME COURT OF GEORGIA As of May 1, 1980

H. E. NICHOLS

Associate Justice

HIRAM K. UNDERCOFLER -

Associate Justice

ROBERT H. JORDAN

Associate Justice

HAROLD G. CLARKE

Associate Justice

HAROLD N. HILL, JR

Associate Justice

JESSE G. BOWLES

- --- Associate Justice

THOMAS 0. MARSHALL

- -

Associate Justice

ROBERT J. AUGUSTINE

Law Assistant

ANSLEY B. BARTON

- Law Assistant

JANE BARWICK

.

Law Assistant

EDWARD G. CUNNINGHAM

Law Assistant

ANNE S. EMANUEL

Law Assistant

CAROLYN C. HALL

Law Assistant

ELEANOR D. HENDERSON

.... --Law Assistant

CHARLES N. HOOPER

Law Assistant

CLARENCE LORENTZSON

Law Assistant

LEE PERRY

.Law Assistant

CAROLYN J. TATUM

oVmM Law Assistant

VELMA C. TILLEY

Law Assistant

WARREN A. WEBB

Law Assistant

SIMON J. WEINSTEIN

Law Assistant

JONATHAN WEINTRAUB

Law Assistant

MRS. SHERIE WELCH MBp

Law Assistant

MRS. JOLINE BATEMAN WILLIAMS

..Clerk

MRS. HAZEL E. HALLFORD

Deputy Clerk

GUY M. MASSEY

SSL.,....:

... Reporter

COURT OF APPEALS OF GEORGIA As of May 1, 1980

BRASWELL D. DEEN, JR.

J. KELLEY QUILLIAN

...............

WILLIAM LEROY McMURRAY, JR

GEORGE T. SMITH

--

ARNOLD SHULMAN

HAROLD R. BANKE

A. W. BIRDSONG, JR

JOHN W. SOGNIER

GEORGE H. CARLEY

STEPHEN H. BLOCK

ROBERT H. BRINSON, JR

LARRY H. CIIES1N T. MIL CLYBURN

MARGARET W. DEIMLING

149_2 KENNETH A. HOWARD

Chief Judge

..-BM

Presiding Presiding

Judge Judge

.....

Judge

Judge

. ... L&St Judge

...J^^H.-.Judge

Judge

Judge

Law Assistant Law Assistant Law Assistant -Law Assistant Law Assistant Law Assistant

4762

APPELLATE COURTS

JAMES MORAWETZ

-Law Assistant

ALFREDDA SCOBEY

_ Law Assistant

RICHARD W. SNYDER --

Law Assistant

MORGAN THOMAS

Clerk

EDNA E. BENNETT -

-Deputy,Clerk

GUY M. MASSEY >JBWPBfcwyJjWK. Reporter

SUPERIOR COURT CALENDAR FOR 1980

4763

JUDGES, DISTRICT ATTORNEYS, AND CALENDAR

July 1, 1980

ALAPAHA CIRCUIT. HONS. H. W. LOTT, Chief Judge, Lenox, Ga.; W. D. "Jack" Knight,
Judge, Nashville. VICKERS NEUGENT, D.A., Austin St., Pearson. Atkinson--Third Monday in January & October. Berrien--Third Monday in February & November. Clinch--First Monday in March & November. Cook--First Monday in February & October. Lanier--Second Monday in January & September.

ALCOVY CIRCUIT.
HONS. THOMAS W. RIDGWAY, Judge, P.O. Box 805, Monroe; GREELEY ELLIS, Judge, Covington. J. W. (JIM) MORGAN, D.A., Covington. Newton--Second & third Mondays in January, April, July & October. Walton--First and second Mondays in February, May, August & November.

ATLANTA CIRCUIT. HONS. LUTHER ALVERSON, Chief Judge; SAM P. McKENZIE,
CHARLES A. WOFFORD, OSGOOD 0. WILLIAMS, JOHN S. LANGFORD, JOEL J. FRYER, CHARLES L. WELTNER, RALPH H. HICKS, FRANK M. ELDRIDGE, WILLIAM W. DANIEL, ISAAC JENRETTE, Judges, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. Fulton--First Monday in January, March, May, July, September
& November.

ATLANTIC CIRCUIT. HONS. JAMES R. HARVEY, Chief Judge, Pembroke.
JAMES E. FINDLEY, Judge, Reidsville. DUPONT K. CHENEY, D.A., Hinesville. Bryan--Third Monday in March; first Monday in November. Evans--First Monday in February & August. Liberty--Third Monday in February & September. Long--First Monday in March; third Monday in August. McIntosh--Fourth Monday in February & May; second Monday
in September; first Monday in December. Tattnall--Third Monday in April & October,

4764 SUPERIOR COURT CALENDAR FOR 1980
AUGUSTA CIRCUIT. HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Augusta;
FRANKLIN H. PIERCE, EUGENE M. KERR, ALBERT McELVEEN PICKETT, BERNARD J. MULHERIN, SR., Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. Burke--Second Monday in May & November. Columbia--Fourth Monday in March & September. Richmond--Third Monday in January, March, May, July, Sep-
tember & November.
BLUE RIDGE CIRCUIT. HONS. MARION T. POPE, JR., Chief Judge, P.O. Box 589, Canton;
RICHARD B. NEVILLE, JR., Judge, Gumming. FRANK C. MILLS, III, D.A., Canton. Cherokee--Third Monday in January; first Monday in May;
second Monday in September. Fannin--Third Monday in April; fourth Monday in August; first
Monday in December. Forsyth--Fourth Monday in March & July; second Monday in
November. Gilmer--Third Monday in May ; fourth Monday in October. Pickens--Second Monday in March; fourth Monday in September.
BRUNSWICK CIRCUIT. HONS. GORDON KNOX, JR., Chief Judge, Hazlehurst; WILLIAM
R. KILLIAN, A. BLENN TAYLOR, JR., Judges, Brunswick. GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup. Appling--Second & third Mondays in February; third & fourth
Mondays in October. Camden--First Monday in April & November. Glynn3econd Monday in January, May & September. Jeff Davis--First & second Mondays in March; fourth Monday
in September; first Monday in October. Wayne--Third & fourth Mondays in April & November; fourth
Monday in January & June. CHATTAHOOCHEE CIRCUIT.
HONS. JOHN H. LAND, Presiding Judge, R.F.D., Whitesville Rd., Columbus; OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, Judge, Columbus. KENNETH BEMIS FOLLOWILL, Judge, Columbus. WILLIAM J. SMITH, D.A., Columbus Chattahoochee--Fourth Monday in March & September. Harris---Second Monday in January, May & September. Marion--Fourth Monday in April & October. Muscogee--First Monday in February, April, June, August, October & December. Talbot--Second Monday in March & November; third Monday in August. Taylor--First & second Mondays in January & July.

SUPERIOR COURT CALENDAR FOR 1980 4765
CHEROKEE CIRCUIT. HONS. JERE F. WHITE, Chief Judge, Cartersville,
ROBERT THOMAS POPE, Judge, Calhoun. CHARLES CRAWFORD, D.A., Cartersville. Bartow--First Monday in February & August; fourth Monday in
April & October. Gordon--First Monday in March & December; second Monday in
September; fourth Monday in May.
CLAYTON CIRCUIT. HONS. MARVIN A. MILLER, Chief Judge, JOE C. CRUMBLEY,
Judge, Jonesboro; WILLIAM H. (BILL) ISON, Judge, Jonesboro. ROBERT E. KELLER, D. A., Jonesboro. Clayton--First Monday in February, May, August & November.
COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Chief Judge, LUTHER C.
HAMES, JR., JAMES L. BULLARD, WATSON WHITE, Judges, Marietta. TOM CHARRON, D.A., Marietta. Cobb--Second Monday in January, March, May, July, September
& November.
CONASAUGA CIRCUIT. HONS. COY H. TEMPLES, Chief Judge, Dalton, CHARLES A.
PANNELL, JR., Judge, Chatsworth. STEPHEN A. WILLIAMS,1 D.A., Dalton. Murray--Second Monday in February & August. Whitfield--Second Monday in January & July.
CORDELE CIRCUIT. HONS. HARDY GREGORY, JR., Presiding Judge, Courthouse, Cor-
dele, WHITFIELD R. FORRESTER, Judge, Cordele. GARY C. CHRISTY, D.A., Abbeville. Ben Hill--Second and third Mondays in January; first and second
Mondays in April; third and fourth Mondays in June; third and fourth Mondays in September and Monday following. Dooly--Fourth Monday in January and Monday following; third and fourth Mondays in April; third and fourth Mondays in July; third and fourth Mondays in October. Crisp--Third and fourth Mondays in February and Monday following; second, third and fourth Mondays in May; second and third Mondays in August; second, third and fourth Mondays in November. Wilcox--Second and third Mondays in March; fourth Monday in August and Monday following; first and second Mondays in December.

4766 SUPERIOR COURT CALENDAR FOR 1980
COWETA CIRCUIT. HONS. LAMAR KNIGHT, Chief Judge, P.O. Box 315, Carrollton;
JOSEPH C. JACKSON, Judge, LaGrange, DEWEY SMITH, Judge, Carrollton. WILLIAM F. LEE, JR., D.A., Newnan. Carroll--First Monday in April & October. Coweta--First Monday in March; first Tuesday in September. Heard--Third Monday in March & September. Meriwether--Third Monday in February, May, August & No-
vember. Troup--First Monday in February, May, August & November.
DOUGHERTY CIRCUIT. HONS. ASA D. KELLEY, JR., Chief Judge, Courthouse, Albany.
LEONARD FARKAS, Judge, Albany. WILLIAM S. (BILLY) LEE, D.A., Albany. Dougherty--Second Monday in January, March May, July, Sep-
tember & November.
DUBLIN CIRCUIT. HON. WILLIAM MALCOLM TOWSON, Judge, Dublin.
BEVERLY B. HAYES,, JR., D.A., Dublin. Johnson--Third Monday in March, June, September & December. Laurens--Fourth Monday in January, April, July & October. Treutlen--Third Monday in February & August. Twiggs--Second Monday in January, April, July & October.
EASTERN CIRCUIT. HONS. GEORGE E. OLIVER, (Ghief Judge; FRANK S. CHEATHAM,
JR., EUGENE H. GADSDEN, PERRY BRANNEN, JR., Judges, Savannah. ANDREW JOE RYAN, III D.A., Savannah Chatham--First Monday in March, June, September & December.
FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Barnesville,
R. ALEX CRUMBLEY, Judge, P.O. Box 775, McDonough. E. BYRON SMITH, D.A., Barnesville. Butts--First & second Mondays in February & November; first
Monday in May; third & fourth Mondays in August. Henry--Second, third & fourth Mondays in January, April, July
& October. Lamar--First & second Mondays in March, June & December;
second & third Mondays in September. Monroe--Third & fourth Mondays in February, May & November;
first & second Mondays in August.

SUPERIOR COURT CALENDAR FOR 1980 4767 GRIFFIN CIRCUIT.
HONS. ANDREW J. WHALEN, JR., Chief Judge, Griffin; BEN J. MILLER, Judge, Thomaston. JOHNNIE L. CALDWELL, JR., D.A., Thomaston. Fayette--First Monday in March; second Monday in September. Pike--Third Mondays in April & November. Spalding--First Mondays in February, June & October. Upson--Third Mondays in March & August; first Monday in November.
GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT,
HOMER M. STARK, Judges, Lawrenceville. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. Gwinnett;--First Monday in January, March, May, July & Novem-
ber; second Monday in September. HOUSTON CIRCUIT.
HON. WILLIS B. HUNT, JR., Judge, Perry. STEPHEN PACE, JR., D.A., Perry Houston--First Monday in January, March, May, July, September & November. LOOKOUT MOUNTAIN CIRCUIT.
HONS. ROBERT E. (BOB) COKER, Chief Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville, JOSEPH E. LOGGINS, Judge, Summerville. WILLIAM M. (BILL) CAMPBELL, D.A., LaFayette. Catoosa--First Monday in March; second Monday in September. Chattooga--First Monday in February & August. Dade--First Monday in April; second Monday in October. Walker--First Monday in May & November. MACON CIRCUIT.
HONS. C. CLOUD MORGAN, Chief Judge, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley; WALKER P. JOHNSON, JR., Judge, Macon. WILLARD DONALD THOMPSON, D.A., Macon. Bibb--First Monday in February, April, June, August, October & December. Crawford--Third & fourth Mondays in March & October. Peach--First & second Mondays in March & August; third & fourth Mondays in November.

4768 SUPERIOR COURT CALENDAR FOR 1980
MIDDLE CIRCUIT.
HONS. WALTER C. McMILLAN, JR., Chief Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Judge, Lyons. H. REGINALD THOMPSON, D.A., P.O. Box 286, Swainsboro. Candler---First and second Mondays in February and August. Emanuel--Second Monday in January, April, July and October. Jefferson--Second Monday in May and November. Toombs--Fourth Monday in February, May, August, and November. Washington--First Monday in March, June, September, and December.
MOUNTAIN CIRCUIT.
HON. JACK N. GUNTER, Judge, P.O. Box 485, Clarkesville. V. D. STOCKTON, D.A., Clayton. Habersham--First Monday in January; fourth Monday in April; first Monday in August. Rabun--Third Monday in February; fourth Monday in May; fourth Monday in October. Stephens--Second Monday in January; third Monday in May; first Monday in September. Towns--First Monday in April and November. Union---Fourth Monday in February; second Monday in September.
NORTHEASTERN CIRCUIT.
HONS. A. R. KENYON, Chief Judge, JAMES E. PALMOUR, III, Judge, Gainesville. JEFF WAYNE, D.A., P. 0. Box 430, Gainesville. Dawson--First Monday in February and August. Hall--First Monday in May and November; second Monday in January, March, July and September. Lumpkin--Fourth Monday in February and August. White--First Monday in April and October.
NORTHERN CIRCUIT.
HONS. RAY B. BURRUSS, JR., Chief Judge, P.O. Box 950, Hartwell; WILLIAM F. GRANT, Judge, Elbdrton. CLEVE MILLER, D.A., P.O. Box 247, Elberton. Elbert--Third Monday in January; fourth Monday in July. Franklin--Third Monday in March; first Monday in August; third Monday in October. Hart--Third Monday in February and October; fourth Monday in May. Madison--Third Monday in April and October. Oglethorpe--Third Monday in May and November.

SUPERIOR COURT CALENDAR FOR 1980 4769 OCMULGEE CIRCUIT.
HONS. GEORGE L. JACKSON, Chief Judge, Gray; JOSEPH B. DUKE, HUGH P. THOMPSON, Judges, Milledgeville. JOSEPH H. BRILEY, D.A., Gray. Baldwin--Second Monday in January, April, July, and October. Greene--Fourth Monday in January, April, July, and October. HancockSFourth Monday in March and September; second Monday in June and December. Jasper--Second Monday in February, May, August, and November. Jones--First Monday in February and August; third Monday in April and October. Morgan--First Monday in March, June, September, and December. Putnam--Third Monday in March, June, September, and December. Wilkinson--First Monday in January, April, July and October.
OCONEE CIRCUIT.
HONS. JAMES B. O'CONNOR, Chief Judge, P.O. Box 865, Eastman, ROGER HUGH LAWSON, JR., Judge, Hawkinsville. PHILLIP R. WEST, D.A., P. 0. Box 571, Eastman. Bleckley--First Monday in March; second Monday in July and November. Dodge--Third Monday in February, May, August and November. Montgomery--First Monday in February, May, August and November. Pulaski--Second and third Mondays in March and September; second Monday in June and December. Telfair--Fourth Monday in February and June; third and fourth Mondays in October. Wheeler--Second Monday in February and October; third Monday in June.
OGEECHEE CIRCUIT.
HONS. WILLIAM COLBERT HAWKINS, Chief Judge, Box 439, Sylvania; FAYE SANDERS MARTIN, Judge, Statesboro. J. LANE JOHNSTON, D.A., Statesboro. Bulloch--First Monday in February, May, August, and November. Effingham--First Monday in June and December. Jenkins--First Monday in March and September. Screven--Second Monday in January; first Monday in April, July and October.

4770 SUPERIOR COURT CALENDAR FOR 1980 PATAULA CIRCUIT.
HON. A'DELBERT BOWEN, Judge, Cuthbert. CHARLES M. FERGUSON, D.A., Cuthbert. Clay--Third Monday in March and November. Early--Third Monday in January and July. Miller--Fourth Monday in February and October. Quitman--Fourth Monday in March and September. Randolph--First Monday in May and November. Seminole--Second Monday in April and October. Terrell--First Monday in June and December.
PIEDMONT CIRCUIT. HON. JAMES L. "JIM" BROOKS, Judge, Jefferson.
NAT HANCOCK, D. A., Jefferson. Banks--First and second Mondays in April and October. Barrow--First and second Mondays in February-and August;
first Monday in May and November. Jackson--First and second Mondays in March; second and third
Mondays in September.
ROME CIRCUIT. HONS. ROBERT L. ROYAL, Chief Judge, JOHN A. FRAZIER, JR.,
ROBERT G. WALTHER, Judges, Rome. LARRY SALMON, D. A., Rome. Floyd--Second Monday in January, March, July and September;
first Monday in May and November.
SOUTH GEORGIA CIRCUIT. HONS. ROBERT E. L. CULPEPPER, JR., Chief Judge, Camilla,
ANTHONY WALLACE CATO, Judge, Bainbridge. BEN L. BATEMAN, D.A., Box 304, Camilla. Baker---Third Monday in January and July. Calhoun--Last Monday in May and November. Decatur--First Monday in February, May, August and November. Grady--Third Monday in March and September. Mitchell--Second Monday in January and July; third Monday in
April and October.
SOUTHERN CIRCUIT. HONS. GEORGE A. HORKAN, JR., Chief Judge, Moultrie; W. G.
"GUS" ELLIOTT, Judge, Valdosta, ROY M. LILLY, Judge, Thomasville. H. LAMAR COLE, D. A., Valdosta. Brooks--First Monday in April and November. Colquitt--First Monday in February and August. JSchols--First Monday in February and August.

SUPERIOR COURT CALENDAR FOR 1980 4771 Lowndes--First Monday in March, and the Tuesday immediately
following the first Monday in September. Thomas--First Monday in April and October.
SOUTHWESTERN CIRCUIT. HON. WILLIAM F. BLANKS, Judge, Circuit Office, P.O. Box 784,
Americus. CLAUDE N. MORRIS, D. A., Americus. Lee--Fourth Monday in April and October. Macon---Second Monday in May and November. Schley^Second Monday in February and August. Stewart--Second Monday in January and July. Sumter--Fourth Monday in February, May and August; first
Monday in December. Webster--Fourth Monday in January and July.
STONE MOUNTAIN CIRCUIT. HONS. WILLIAM T. DEAN, Chief Judge, Conyers; CLARENCE L.
PEELER, JR.; CURTIS V. TILLMAN; CLYDE HENLEY; EWELL T. HENDON, JR.; ROBERT K. BROOME; KEEGAN FEDERAL, Judges, Decatur. RANDALL PEEK, D.A., Conyers. DeKalb--First Monday in January, March, May, July, September,
and November. Rockdale--First Monday in February, May, August and Novem-
ber.
TALLAPOOSA CIRCUIT. HONS. DAN WINN, Chief Judge, Cedartown.
ARTHUR W. FUDGER, Judge, Dallas, ROBERT J. NOLAND, Judge, Douglasville. W. A. (BILL) FOSTER, D.A., Dallas. Douglas--Second Monday in February and December; third
Monday in May and September. Haralson--Second Monday in April; fourth Monday in August
and November. Paulding--Second Monday in June and October. Polk--Fourth Monday in January; first Monday in May and
November. TIFTON CIRCUIT.
HONS. W. J. FOREHAND, Chief Judge, P.O. Box 253, Tifton, JOHN R. ROGERS, Judge Ashburn. THOMAS H. PITTMAN, D.A., Tifton. Irwin--Third and fourth Mondays in February; second and third Mondays in May and November.

4772 SUPERIOR COURT CALENDAR FOR 1980
Tift--First Monday in March and September; first and second Mondays in June and December.
Turner--Second and third Mondays in January and July; second Monday in April and October.
Worth--Fourth Monday in January, April, July, and October.
TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson.
KENNETH E. GOOLSBY, D.A., P. O. Box 405, Thomson. Glascock--Third Monday in February, May, August and No-
vember. Lincoln--Fourth Monday in January, April, July and October. McDuffie--Second Monday in March, June, September and De-
cember. Taliaferro--Fourth Monday in February, May, August, and
November. Warren--Third Monday in January; first Monday in April, July
and October. Wilkes--First Monday in February, May, August, and Novem-
ber.
WAYCROSS CIRCUIT. HONS. BEN A. HODGES, Chief Judge, P.O. Box 894, Waycross;
ELIE L. HOLTON, Judge, P.O. Box 604, Douglas. DEWEY HAYES, D. A., Douglas. Bacon--Fourth Monday in May and November. Brantley--First Monday in February; first Tuesday in Septem-
ber. Charlton--Fourth Monday in February and September. Coffee--Third Monday in March and October. Pierce--First Monday in May; second Monday in December. Ware--Second Monday in April and November.
WESTERN CIRCUIT. HONS. JAMES BARROW, Chief Judge, P.O. Box 167, Athens;
JOSEPH J. GAINES, Judge, Athens. HARRY N. GORDON, D.A., 193 Hancock Ave., Athens. Clarke--Second Monday in January, April, July and October. Oconee--Second Monday in March and September.

INDEX

4773

TABULAR INDEX

PROPOSED AMENDMENTS TO THE CONSTITUTION

Acworth Downtown Development Authority

Ad valorem taxation exemptions in Certain counties

(600,000 or more)

Albany, Central, Development Authority; abolished

Appling County; board of commissioners

Appling County; homestead exemptions

Ashburn, Citv of; homestead exemptions

Atkinson County; homestead exemptions

Atlanta, City of; off street parking

Augusta, Citv of; homestead exemptions .

Austell, City of; homestead exemptions

Banks County; jurisdiction of justices of the peace

Bartow County; homestead exemptions

Bartow County; jurisdiction of justices of the peace

Bartow County School District; homestead exemptions

Ben Hill County; homestead exemptions

Bibb County; ad valorem taxation

Bibb County; homestead exemptions

Brantley County; jurisdiction of justices of the peace

Butts County; homestead exemptions

Catoosa County; board of tax administrators

Certified teachers

Charlton County; homestead exemptions

Chatham County--City of Savannah; consolidation votes

Chatham County'; recorder's court

Civil procedure; judgments without jury verdicts

Clarke County; merit system of employment

Classes of tangible property

Clayton County Business and Industrial Authority; authorized

Clayton County; homestead exemptions

Clinch County; homestead exemptions .

,

Cobb County; homestead exemptions .

College Park Business and Industrial Development Authority Colquitt County; taxation for education

Columbus, City of; charter review commissions Dalton, City of; homestead exemptions

Danvjlle, City of; homestead exemptions

Decatur, City of; ad valorem taxation

DeKalb County; medical examiner DeKalb County; recorder's court jurisdiction

Doraville, City of; homestead exemptions

Douglas County; ad valorem taxation . . .



Douglas' County; ordinances,, etc. . . . . . . , .

Education; uniforms used by public schools

Fayette County; funds to promote county Floyd GounW; jurisdiction of justices of the peace

Floyd County; juvenile court jttdge Floyd County; staggered terms of commissioners

Fulton County; public safety service districts.-

2134
2094 2337 2118 2111 2266 2292 2112 2211 2121 2159 2288 2184 2185 2219 2096 2133 2261 2333 2154 2033 2297 2158 2209 2103 2305 2027 2290 2310 22952098 2071 2127 2045 2223' 2169 2196 2106 2125 2102 2'1'48 2146 2108' 2225 2176 2200 2202 2048

4774

INDEX

Fulton County; retirement of certain former employees

2053

Gainesville Development Authority

2024

General obligation debt for education facilities .

2032

Georgia Firemen's Pension Fund

2087

Gordon County; homestead exemptions

2247

Griffin Development Authority; created, etc

2315

Gwinnett Judicial Building Authority

2010

Habersham County; homestead exemptions

2283

Habersham County; taxes for educational purposes

2280

Hall County; board of elections

2227

Hapeville Development Authority

2055

Henry County; homestead exemptions

2255, 2257

Henry County; ordinances, etc

2303

Homestead exemptions for elderly residents

2114

Houston County; homestead exemptions

2163

Indemnification to certain law enforcement officers, etc

. 2166

Jackson County; board of education

2276

Juvenile Courts; venue

2174

Liberty County Industrial Authority; amended

2221

Life insurance companies, taxation

2203

Lowndes County; homestead exemptions

2207

Lowndes County; jurisdiction of justices of the peace

2160

Macon-Bibb County Urban Development Authority; bonds

2128

Macon, City of; ad valorem taxation

2092

Marietta, City of; homestead exemptions

2123

Marion County; homestead exemptions

2338

Meritorious service, etc. awards by counties and municipalities 2105

Monroe County; homestead exemptions

2216

Municipal Courts; jurisdiction

2026

Murray County; homestead exemptions

2050

Murray County; jurisdiction of justices of the peace

2173

Muscogee County; homestead exemptions

. 2009

Newton County; homestead exemptions . y . '. .

2171,2187

Paulding County; homestead exemptions

2312

Perry, City of; homestead exemptions

2151

Powder Springs Downtown Development Authority'.

2035

Redevelopment powers to counties and municipalities Richmond County; &d valorem taxation

f

2089

2162, 2177

Richmond County; homestead exemptions. .

2190

Rockdale County Public Facilities Authority; created

2232

St. Marys, City of; homestead exemptions

.'. '2260

St. Marys, City of; hospital authority members

2150

Savannah, City of--Chatham County; consolidation votes

2158

Sylvester, City of; homestead exemptions

2268

Taylor County; homestead exemptions

2205

Thomas County; 1979 proposed amendment repealed

2052

Thomaston, City of; business development authority

2286

Towns County; taxes for education .

2029

Towns County; use of funds by board of education

.2168

Trion, town of; homestead exemptions

2198

Turner County; homestead exemptions

2307

INDEX Twiggs County; homestead exemptions Union City, City of; homestead exemptions Valdosta, City of; homestead exemptions Ware County; homestead exemptions Waycross, City of; homestead exemptions Wayne County; homestead exemptions . ! White County; homestead exemptions Worth County; homestead exemptions

. . . . . . .

4775 2180 2271 2273 2299 2301 2109 2252 . 2263

CODE SECTIONS

Chapter 3-10 amended

1173

5-908, amended

.. 71'3

Title 5A, created

1573

Title 8, amended

1065

13:203.1, amended

1082

13-207.1, amended

542

13-207.3, amended

1081

Chapter 21-1, amended

. . . .

543

;2M05, amended Title 22, amended

1185 603, 623, 715

Chapter 22-13, amended

1188

23-406, amended

1178

23-407, amended

1280

23-1704, amended

534

Chapter 23-22,Repealed

451

23-

2304, amended

24-

601, amended

24-1716, amended. .

i

.... .( . .

1661

24-1801, amended

365

24-2606.3, amended

596

24-2703a, amended

. . . . . . . .,,755

24-2727, amended

. . 1045

24-2805, amended. .

495

24-2812, amended.

493

Chapter 24-29, amended .

830

Title 24A, amended

416, 1013

Title 26, amended

405

26-1601, amended

770

Chapter 26-17, amended

1083

26-

1704, amended

2Q-2306, amended

tv,

Chapter 26-25, amended

; '>-)733 387

Chapter 26-26, amended

388

Chapter 26-28,amended

1062

Chapter 26-29, amended

1509

26j-3004, amended

326

27^407, amended

415

Chapter 27-7, amended

452

27-

901, amended

. .

Chapter 27-13, amended

1388

4776

INDEX

Chapter 27-25,,amended. .

: , . 3,90

Chapter 27-30, enacted . ,.

138.2

Title 32, amended . . ., .

835

>37-810, amended. . .

1508

T jjfe &g amended ...... .

HH 1256

3344g-j1l 020038A, a,mamenedneddedy^ijy... amended

,

,)i ,,,,..)i<4638/57

Title 34A, amendeci,;.r, .

1005

Chapterf34A-3, amended. . 34A-1409,.amended

314 684

Title 35, amended .......

. ,

335

Chapter,3.5t7, repealed . . .

645

TSe 38, amendedM^^^wg

426

40-604dShati(ed. , ,, 7.,, ,

644

40-802, .'amend^MWWM^

!

48*5

Title41 A, amendddvj^t.td'.1.

>/JSS5SSa7S, io76

C4lhAap-t2j0|g74g2m-3'eBn,deendacted.

. .

. .

...:... . ........ gi9 1767.

Tffib 45, amended :. . 45-114, amended....... . '45-513, amendedjj..; ,-y >.*j Title.4,6', amended ,.,, . . . .

. . . ^hna;m* !3,.2ettl2-0jK04g

:

. r'.'.

;.!.

.



;.95

Title 49, amended ,,...., .

.... 166-1

Title.5,1, amended

:.'.......: '952

^Chapter 53>2,, amended . . . Ti'tlep6, amended ......

. . V7 ` 4,3'8 516,'rt08,rH63, 1393

56-222.1, amende^MEH| 50;405, amcnded,^p;.|.i.t.t,

1063

'.r.

760

56-407A, amended ......

.1428

56-712, amended....... .

1011

56-1709, amended. .. . . . ,

. . .".

, '68

Chapter 5,6,-'24, amended . .

. . ; . .'V.

. 12.49

56-2446, ena'cted,.... ...

1418

56-3016j|lme.nded

. . . : .

1251

56-

3019, enacted, ... ., . .7,7.. ... . , 1266

THe 57, amended

....511,51.4

57-

108, amended. .............. I 1 18

Chapter 58-6, amended .77

...,77".". 7 7 : 1206

58-

806.1, enacted .......

1561

58-828, amended. ......

501

Chapter 65-2, amended . .

.

. 635,924

67-1305.1, amended . ... .

. . .

. 976

67-

2003, amended

. . 831

Chapter 67-24, amended.

822

68-

260; amended

77...' 3^7

Chapter 68-5, amended . .

479,616

68-510, amended

. . .... . . ... 1119

Chapter 68-6, amended . .

475,618

68-9901, amended

;. 7.7

746

Chapter 68A-10, amended

. .`.'1334

Title 68B, amended

g8B-215, amended

Chapter 72-2, amended . . .

74-108, amended

74-1 IT, amended. ,. , ,

Chapter 74-3, enacted .

>79-209, repealed

Title 79A, amended'

Chapter 79A-8, amended. .

179A-811, amended

Chapter 79A-12, enacted. .

Ti tie 8 4, amendetdb|iHSBB

84-203, amended `Chapter 84-3Avamended.



Chapter 84-5, amended,.". -

.Chapter 84-9, .amended. ...,

Chapter 84-9A.enacted.,,*

Chapter 84-'l, 1, amended. .

'.Chapter 84-14, amended . .

.CChhaapptteerr

84-15, amended 84-2i;,<amended

. .

. .

Chapter 84-21 A, amended.

84-4005, amendedaxemhi^:

Ghapte;f;84-76, enacted . . .

Chapter 85-10, amended . .

Title 88, amended

Chapter 88-18, amended . .

Chapter 88-19c, enacted . .

CChhaapptteerr

88-20, 88-22,

amended . . repealed ....

Chapter 88-25, amended .

Chapter 88-27, amended,.,

Chapter 88-31, amended .

88:3112.13, enacted . . . .

89-308, amended.4 . . . .

Chapter 89-8, amended

Title 90, 9.1-112a.

a1n, uam'ndenftddei^d.-nS.'jjty

Title 91 A, amended . . . . .

91 A-236, a mended

91A-10O2, amended ....

91 A-13, amended

91 A-1439; amended ....

91.A-1449, amended ....

;91 A-1601, amended ....

Chapter 91 A-17, amended

Chapter 91A-22, amended

,91A-2209, amended

INDEX

>477,7

917

. ...

`Vs-A^O

............. I 154

. .:. .1, ,,

,.7921

.7, ,Aitl"-^.'1.3:74

1661

1746

. . .

. . I:2i8l8

. . .

.,-/;l7(463i12

: .82

. , , .... 65

........ I.3.47

, ,,,, . -6,7

. . . ...... 3,,jSj21

Ti.,. ! ;'.v,(82 . 7i,,77 (p,>,v. j4j7

13,98

. .

64

; . . . . 968

. 7. .7 7. .777.. . so

1591

1282

W7-1t-`WV'0.''A1r245,7,14j5 1

, 7. 7 7 .vV-Til *4o

..,..7..7.. ....7...;,...,......

12 61 1328

. . 7, p",''

1160

1434

1170

. , 7,.7.7.77 j 7 ]1 7(58

, . .7 , 5:27

.

... ,7. ,.,.,969

,. 7.'..... .,,77 .77' 51,9

7.7

. 7 587

miJ.p, 491,'l390,. 1759 . . ;7 7F2

.,.7...... 7 if)

7v,. . .

.7;: . 7

,r.V'.7').735 375,,,.7574771

7 7.7,,,,..7,j...7.7!1'i722 7 ,.... 463

.::.. 7 7. .7' sfii?

.77 I

7

... i73fe 1735

4778

INDEX

Chaptet 91A-24, enacted

: 1707

Chapter 91A-31, amended.

:

332

91A-3915, amended

459

Chapter 91A-41, enacted.

1555

91A-4503, amended. .

586, 805* 11188

Chapter 91A-60, amended

1175, 1298

Chapter 91A-99, amended

436, 834

92-3905A, amended

463

Title 95A, amended

576, 773, 775, 1017

100-101, amended

763

Chapter 105-11, amended

69

Chapter 105-13, amended

1154

108-610, amended

472

Title 109A, amended

443

109A-9, amended

1134

110-

401, amended

Chapter 111-1, repealed

639

111-

9901, repealed

Chapter 113-9, amended

1432

Chapter 114-1, amended

1145

Chapter 114-6a, enacted

1686

SUPERIOR COURTS

See also General Index under name of county.

Alcovy Circuit; judges'compensation

498

Alcovy'Circuit; terms in Walton County

362

Atlantic Circuit; supplements forjudges and district attorney . . . . . . 1222

Brunswick Circuit; additional judge

959

Clarke County; terms.

.

355

Clayton Circuit; compensation of district attorney

378

Clayton Circuit; compensation of judges

375

Clayton Circuit; compensation of official court reporters

383

Clerks fees for attendance ....... ....

. 1045

Clerks' Retirement System Act amended

1547

Clerks'salaries

553

Cobb Circuit; compensation of full time court reporters

1456

Compensation of secretaries of district attorneys in certain circuits

(103,000-135,000) ... ...

! -n.

1157

Cordele Circuit; additional judge.

. . . : .

Cordele Circuit; terms

687

Coweta Circuit; additional judge

1447

District attorneys, emeritus office .

939

District attorneys; retirement system amended

. 925

District attorneys, salary supplements

830

Douglas Circuit; created

563

Dublin Circuit; additional judge

316

Evans County; terms

4000

Expenses of judges attending educational programs. .

596

Judges'law clerks

455

Lookout Mountain Circuit; district attorney's clerical assistance. . .Jffll 79

Northeastern Circuit; salaries of official court reporters. .v

369

INDEX

4779

Northern Circuit; salary, etc. of additional judge

1232

Northern Circuit; terms

364

Ogeechee Circuit; terms

.

374

Retirement system, amended

925

Rome Circuit; additional judge

. .

. 782

Salaries of judges and district attorneys in certain counties

(145,000-163,000) . . .' . . !

. ; . 3723

Service by senior judges while non-residents

. . . . . . . 458

Tifton Circuit; additional judge

680

Western Circuit; terms

.

355

CIVIL COURTS

See also General Index under name of county.

Judges' salaries in certain counties (145,000-165,000)

3723

Richmond County; costs, sales, etc

..

3533

JUVENILE COURTS

See also General Index under name of county.

Cobb County; judges' compensation

4133

Juvenile Court Code amended

416

Judges' salaries in certain counties (180,000-190,000)

3600

Venue; proposed amendment to the Constitution

2174

MUNICIPAL COURTS

See also General Index under name of municipality or county.

Judges' salaries in certain counties (180,000-190,000)

3600

Jurisdiction; proposed amendment to the Constitution

2026

PROBATE COURTS

See also General Index under name of county.

Columbus, Georgia; judge

l-lni

Elbert County; judge's salary. ... .

*20

Franklin County; judge placed on salary basis

Glynn County; judge's compensation.

'

904

Haralson County Judge's salary . . Jasper County; judge placed on salary basis. . .

^ o . 1

Judges' salaries

Judges' salaries in certain counties (145,000-165,000)

^L\r\

Judges'salaries in certain counties (180,000-190,000)

^

Laurens County; judge's compensation

4^7

Marriage licenses, notification of parents in certain circumstances . . : 438

Mitchell County; judge placed on salary basis

Retirement system forjudges

* _

Telfair County; judge's salary

. . .,

Turner County; judge placed on salary basis



Walker County; compensation of personnel



4780

INDEX

STATE COURTS

See also General Index under name of county.

Bibb County; Act creating court amended

..... 3899

Bulloch County; compensation of judge and solicitor.

3389

Chatham County; pre-trial division, etc.

4380

Clayton County; compensation of judge and solicitor, terms, etc. . . . 3890

Cobb County; arrest powers of investigators

3812

Cobb County; judge pro hac vice

3608

Cobb County; magistrate pro hac vice

3894

DeKalb County; services of former judges, etc

4002

Dougherty County; judge's salary

4258

Effingham County; salaries of judge and solicitor

3527

Elbert County; terms

'.

4199

Fulton County; costs

3309

Fulton County; judge emeritus

;

3363

Fulton County; magistrates.

3735

Fulton County; vacancies

3855

Glynn County; salaries

4517

Hall County; judge's compensation

3605

Judges' salaries in certain counties (180,000-190,000)

3600

Laurens County; abolished

3268

Laurens County; salaries of judge and solicitor

3320

Muscogee County; compensation of judge, and solicitor

4327

Polk County; judge's compensation

4540

Salaries of judges and solicitors in certain counties

(145,000-165,000) .

. ..

3723

Service by judges in other state courts

600

Spalding County; terms, juries, etc.

3048

Sumter Countv; compensation of Judge and solicitor . ;

4247

Thomas County^alartes1, practice and procedure

4278

Troup County; compensation of judge and solicitor

3376

Walker County; juries,, procedure, etc.. .

3102

COUNTY AND COUNTY MATTERS

See General Index under name of county.

COUNTY MATTERS BY POPULATION

4,482-4,476; 1945 Act- repealed. . . .

. . . 640'

^890-5,900; 6,890-6,900;

1943 1945

Act repealed. Acts repealed.

^

. , /.;

l-,.:.

.

..

.

.

.;

640 640

6,940-6,970; 1945 Act repealed'.-

640

8,

'330-8,340; 1945 Act repealW.T.

8,750-8,800; 1945 Act repealed^;';

640

8,835-8,850; 1945 Act repealed. ........ . . .

640

9,100-9,j0; 1945 Act repealed.-. ....;.

..... ,. .

640

9, fl0-9,120; 1943 Act repealed



640'

9(, 130-9- 140; 1945 Act repealed',,. ,. . ,,640*

f()',435-10,445; 1945 Act repealed. .

640

1 0,570m 0,900; boa rds of education 10,600-10,900; coroners-' compensation

. : *. . .

4310 lH 8-S

INDEX

EM

11,340-11,390; boards of elections . ... ....... . . .

3003

11,790-11,810; 1945 Act repealed

040

12,190-12,210; 1943 Act repealed

: . 640

12,990-13,010; 1943 Act repealed

640

13,365-14,765; small claims courts

3194

15,140-15,150; 1945 Act repealed

; . . 640

17,510-17,560; coroners' compensation

4332

20,400-20,600; compensation of county commissioners

4184

20,490-20,500; 1945 Act repealed

640

29,080-29,100; 1945 Act repealed,

640

31,700-32,300; small claims courts

4285

32.300-

32,700; small claims court created

33.300-

34,056; small claims courts. .

33,600-34,500; coroners' compensation

3607

73.000-

89,000; clerks of probate courts .

90.000-

140,000; coroners' compensation . . . .

100.000-

160,000; fluoridation of potable wat

145.000-

165,000; ad valorem taxation

145.000-

165,000; compensation of named of

170.000-

190,000; legislative advisory commi

180.000-

190,000; compensation of named co

190.000-

300,000; fees of tax collectors and ta

200.000 or more; purchasing departments

3858

200.000-

500,000; annexation by municipalit

200.000-

600,000;'l>oards of registrations and

200.000-

600,000; sales of malt beverages, wi

beverage by the drink on Sundays.. .

3661

350.000-

500,000; annexation by nuiniejpal^

350.000-

500,000; minors prohibited in certa

350.000-

550,000; sale of malt beverages, win

beverages bv the drink oh Sundays

3661

350.000-

600,000; ad valorem tax due date

350,000-600,000; boards of registrations and elections

. 4001

550.000 or more; contributions of'public funds

for charitable purposes .. . .".'V.

. 3406

550,000 or more; county building authority Act

. 4488

550,000 or more; per diem allowancdS'for development authorities. . 806

550,000 or more; purchasing departments*'! .`I'd. .

. . . . . . . 3858

COUNTY MATTERS-HOME RULE ACTIONS

Camden County; County administrator. .

4570

DeKalb County; employee retirement . . .

4572

DeKalb Countv; striictures^infit for human habitation , . ........ . 45/7

Floyd County; merit system amended

4583

Richmond Count)'; auditing firm, county aclministrator, etc..

4590

Richmond County; construction supervisor, etc. . .

4603

Richmond County; employees'pension fund .

. . 4606

Richmond County; personnel board

. 4599

Richmond County; trash, etc. depositories, land fills, etc. f . ... .. . 4595 Rockdale County; board of commissioners. . . . . . ....... . . . . 461,0,- 4615

Whitfield County; commission meetings

4630

Whitf ield County; purchasing

4627

4782

INDEX

MUNICIPAL CORPORATIONS--NAMED CITIES

See General Index under name of City

MUNICIPAL CORPORATIONS--BY POPULATION

300,000 or more; pension system for members of police

departments amended

3205, 3208

More than 300,000; pension system for employees

3691,3852

More than 300,000; pension system for members of paid fire

departments amended

3201,3204, 3692

More than 300,000; public zoos

3734

MUNICIPAL CORPORATION-BY POPULATION OF COUNTIES

200.000350.000-

500,000; annexation 500,000; annexation

MUNICIPALITIES--HOME RULE AMENDMENTS

Albany, City of; improvement of alleys

4634

Atlanta, City of; chief of police

4676

Atlanta, City of; department and bureau directors

4681

Atlanta, City of; director of bureau of police services

4665

Atlanta, City of; executive branch of government Atlant^(!Citv of; mayor's veto

4652, 4658 4671

Atlanta, Citv of; parks and recreation, cultural altairs

4646

Atlanta, City of; section 5-302(b) of charter repealed

4642

Atlanta, City of; taxes

4636

-Qollege Park, City'df; pension board

4700

College Park, City of; pension rights

4690

College Park, City of; service'pensions, etc. .

4693

College Park, City of; utility liens

4687

Covington, City of; charter amended

4747

East Point, City of; ordinances.. v., .. .... Elberton, City of; salaries . : ... . . . .

. ; . .t. 4703 4710

Hazlehurst, City of; salaries

4712

Lyons, City of; charter amende(Jr. . . ... ,r ... s. . . . . . . . .... 4716

Marietta, Citv of; board pf:,lights and waterworks Marietta, City of; mayor pro tern



4721 AJ 18

Newnan, City of; retirement

4725

Oakwood, City ofj insurance license lees

4728

Peachtree Citv, City of; municipal court

4732

St. Marys, City of; city manager

4737

Thomasville, City ot; salajies

4740

Warner Robins, City of; meetings of mayor and council

4745

RESOLUTIONS AUTHORIZINC COMPENSATION

Blackmon, Robert L

Callaway, Ms. Teresa M

Cartledge, Donald K

Crouch, Jerryi

J

Dean, W. P

4543 4554 4543 4551 . . 3104

INDEX

4783

Easterling, Ms. M. Kathy

Florence, Norma Jean

. .

Forest, Ben

,

Hamrick, Mrs. MargretB

Healey, Mrs. Mari Parker

Hemperley III, Mr. & Mrs. Carlos Mason. .

Jordan, Sr., James C

King, Allen D

Plumley, Janice T

Shoemaker* Carl E

Simmons, Johnny E

Thomas, Jr., Tom W

*

Todd, Richard Allen

Wissing, Donald R

4.555 4,547 4560 4556 4550 4546 . 4563 4552 4562 4559 , . 4549 45.58 4557 , 4548

RESOLUTIONS AUTHORIZING LAND CONVEYANCES, ; LEASES AND EASEMENTS

Acquisition of part of Sapelo Island authorized

359

Barton, Charles C., exchange ot land

. 1500

Bingham, Reed, State Park, easement authorized

810

Camden County, land conveyance authorized

1501

Charles C. Edwards Post 660 ol the V.F.W., lease ol land

41

Consolidated Atlanta Properties Ltd. (CAPCO), lease amendment. . . 1520

Fisher, Tom S., land conveyance

796

Georgia Power Company, exchange of land

. 1202

Goodwill Industries of Coastal Empire, Inc.,

lease of land authorized

43

Grumman Aerospace Corporation, land conveyance authorized .... 808

Henry County, land conveyance authorised qf property

located in Henry County .

5!-. '.

799

Johnson, George H., exchange of land

1 500

Land conveyances authorized in Fulton, Bartow, Gordon,

Whitfield and Catoo^jgCounties

1495

Louisville & Nashville Railroad Company, easement

. 1489

Macon, City of, conveyance ol land located in

Citv of Macon authorized

603

Oglethorpe Power Corporation, corrective easement

1194

Rowland, Grattan W.; exchange of land

3990

Smith, Clifford W., land conveyance authorized

1484

Spartan Radiocasting Company, lease authorized

1490

Sumter County, land conveyance

,1192

Thurmond, Charles, J., land conveyance

791

Tift County Development Authority, land conveyance

794

Victory'Temple, land convex ante authorized

1506

Wallis, H. W., Estate ol, land conveyance

791

W'arm Springs Foundation, land conveyance authorized

815

MISCELLANEOUS RESOLUTIONS

Agriculture, State Museum of

788

Andersonville Trail designated

1499

4784

INDEX

Brown, Governor Joseph Emerson, portrait

Carpenter, George S.; bridge designated

3992

Colwell, Pat E., road designated

4564

Congress urged to designate any increase in motor fuel

taxes to states

1201

Council for North American Affairs of the Republic

of China, privileges, etc

46

Elkins, Liston, Parkway designated

3989

Expenses of members of select committee on constitutional revision. . 1480

Floyd, James H. "Sloppv," Veterans Memorial Building designated . 785

Fortson, Ben W. Jr., State Archives and Records Building designated. 1199

Georgia Energy Regulatory Reform Commission

812

Georgia High School Association Study Committee

1205

Georgia tax reform commssion amended

1684

Holland, Archibald, Bridge designated

4561

Jail Standards Study Commission

385

Joint Child Abuse Study Committee created

819

Joint Emergency Medical Services Study Committee

1486

Joint Local Mental Health and Mental Retardation

Governance Study Committee

1493

Metropolitan Atlanta Rapid Transit Overview Committee

790

Morgan, Joel Nathaniel, National Guard Armory

789

Patterson, Stonewall Jackson, Memorial Bridge

3604

Public zoos in certain municipalities (more than 300,000)

3734

Services for the Aged Study Committee

1482

Silver-haired Legislature created

807

Smith, Honorable George T., portrait

1503

Smith, Leon, Bridge designated

4544

Smith, W. B., Bridge designated

3603

Study of Public Notice procedure by Secretary of State

1197

INDEX

4785

GENERAL INDEX

--A'-*. 8

ABATEMENT OF NUISANCES-

Procedure, etc

620

ACCOUNTANCY, STATE BOARD OF--

Members

65

ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY-*5

Created, proposed amendment to constitution

2134

ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT--

Amended

.

Amended, instructional media, etc

Special education leadership positions

448,450,465, 1010 1413 698

ADMINISTRATIVE PROCEDURE ACT^H

Amended

820

ADMINISTRATIVE SERVICES, DEPARTMENT OF-

Purchase, transfer, etc; of state property

90

AD VALOREM TAXATION-H

Due dates in certain counties (350,000--600,000)

710

Exemptions in certain counties (600,000 or more),

proposed amendment to the constitution .................. 2094

Homestead exemptions for elderly residents, proposed

amendment to the constitution.

2114

ADVISORY COUNCIL FOR PROBATION-- Created

:. . . ....... . . 400

AGRICULTURAL COMMODITIES PROMOTION ACT-

Membcrship, etc

... . .568

AGRICULTURE--

. Compensation for destroyed bee hives, etc

713

Erosion and Sedimentation Act of 1975 amended

942

Establishment, etc. of farmers markets....... v,. ...

57.2

Georgia Dairy Act of 1980

981

Georgia Pesticide Control Act of 1976 amended!.?.. . . y: . ... . .!>. 747

Georgia Pesticide Use and Application Act of -1976 amended;

license fees, etc

749

4786

INDEX

Labeling, etc. of cases of eggs

690

Livestock dealers licensing act repealed

1107

Nuisances, agricultural or farming operations

1253

Plant Food Act of 1970 amended

1150

State Museum of Agriculture

788

AGRIRAMA DEVELOPMENT AUTHORITY ACT-lB

Amended

.

598

AIRCRAFT--

Mechanic liens

631

AIRPORTS-- Sale of alcoholic beverages on election days

1126

ALBANY, CENTRAL, DEVELOPMENT AUTHORITY--

Abolished, proposed amendment to the constitution

2337

ALBANY, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY ACT-

Amended Members, etc

4340 3184

ALCOHOLIC BEVERAGE CODE-

Enacted

1573

ALCOHOLIC BEVERAGES-- ,

Control and taxation of wines within boundaries of airports Legal age to drink and possess alcoholic beverages Manufacture and sale of wine regulated Minors prohibited in places ol business in certain

501 1206 1561

counties (350,000--500,000). Posting of notices Sale by the drink on Sundays in certain counties

3161 1174

(200,000--600,000) (350,000--550,000) Sale on election days

3661 1126

ALCOHOLISM ADVISORY COUNCIL ACT-

Amended

7 .

566

ALCOV Y JUDICIAL CIRCUIT-

Judges' compensation. . Terms in Walton County

498 362

INDEX

4787

ALCOVY SHORES WATER AND SEWERAGE AUTHORITY

. Amended

'I'!1.

. .....

441

ALIENS-*..

... Licensing of medical practitioners

3

ALPHARETTA; CITY OF-H Electrons, etc
AMBULANCE SERVICES-- Actamended^i'itw Lj,.; ......
ANDERSONVILLE TRAIL--"'1 Designated :, ;v .

... . ,(.,3730 1758
AHL. ;L/)A.t499

animals^H Removal of identifying marks, etc. .

. 1062

APPLING COUNTY.- Additional judge of suirffiior court Board of commissioners, proposed amendment to the constitution Homestead exemptions, proposed amendment to the Constitution Meetings of hoard of commissioners

959

. ..

2118

2l\ 1.1 4467

APPROPRIATIONS*^

Qeneral.Appropriations Act

Offender rehahilitati.pji

, ...

Supplemental Appropriations Act

1799 .. 7
98

ARABIC, TOUR OF; (Elections
ARAGON, CITY Ad valorem taxation

....... 3700 . . . . . . . y-;4330

ARCHIVES AND HISTORY, DEIPARTlylENT QF^j. Objects and purposes'! . . .! v! . .'! . ! . . . . . ,V1.'. . . . . . . . 485

ARCHIVES AND RECORDS BU1LDINC&^ Named for Ben W. Forts.on, Jr

..ill)99

4788

INDEX

ASHBURN, CITY OF^

Homestead exemptions, proposed amendment

to the Constitution

2266

ATHENS, DOWNTOWN DEVELOPMENT AUTHORITY ACT-

Amended

. . . .

3053

ATHLETIC TRAINERS, STATE BOARD OF^H

Members

55

ATKINSON COUNT\^H

Homestead exemptions, proposed amendment

to the Constitution

,

2292

ATLANTA, CITY OF-* . See also Tabular Index--Municipalities--Home Rule Amendments.

Appropriations to purchase evidence, etc

4288

Off-street parking, proposed amendment to the

Constitution

2112

ATLANTIC JUDICIAL CIRCUIT^B Supplements for judges and district attorney

ATTACHMENT-^ Judicial supervision, etc

ATTORNEY GENERAL-- Criminal prosecutions involving property ol Department of Transportation

AUCTIONEERS COMMISSION-

Termination date . . .

.

AUGUSTA, CITY OFCorporate limits Elections Employees' retirement system act amended . Homestead exemptions, proposed amendment to the Constitution

AUSTELL, CITY OFHomestead exemptions, proposed amendment to the Constitution

1222 1065
590 1357 3085 3863 3198 2211
2121

INDEX

4789

AVERA, CITY OFName changed from town of Avera, charter amended ........ 3156 -B-

BAD CHECKS-- Code section 26-1704 amended Defined, crime, etc.

1034 114/

BAIL JUMPING-- Crime defined, etc

387

BAKER COUNTY-M

Tax collector placed on salary basis ....... . . . . . . . . .

3253

BALDWIN COUNTY4^7

Board of county commissioners, referendum . .

3043

Magistrates court, powers, deputies, etc.

3651

BANKRUPTCY^:;

Homestead exemptions

952

BANKS AND BANKING--

Bank holding companies;. . .

542

Financial Institutions Code Of Georgia amended

972

Mergers

1082

Restrictions on commissioner, officials and examiners

919

Unlawful acquisitions by bank holding companies

1081

BANKS COUNTY--

Jurisdiction of justices of the peace, proposed' amendment

to the Constitution

-.7 -. -. . . . -! Lv*2*L59'

b;arbers4% C Georgiadyarbers act amended. .... /. Members .

.y./i ,t<. i .( [ *5'3(() 59

BARTON, CHARLES C.-

Resolution authorizing exchange of land repealed

1 500

BARTOW COUNTY-

Homestead exemptions, proposed amendment to the

Constitution.

2288

4790

INDEX

Jurisdiction of justices of the peace, proposed amendment to

the Constitution

2184

School district homestead exemptions, proposed amendment

to the Constitution

2185

BARTOW, TOWN OF-B

Charter amended

3978

BEE HIVES--

Compensation for destruction when destroyed

to combat diseases

713

BEN HILL COUNTY-- Additional judge of superior court Homestead exemptions, proposed amendment to the Constitution Office of tax commissioner created Terms of superior court

1212 2219 3954
687

BIBB COUNTS BB

Ad valorem taxation, proposed amendment to the Constitution . 2096

Homestead exemptions, proposed amendment

to the Constitution

2133

Macon-Bibb County Water and Sewerage Authority

Act of 1974lreenacted

3150

BIBB COUNTY, MACON, TRANSIT AUTHORITY ACT OF 1980-^,

M]`,,acte(l

4313

BIBB COUNTY, MACON, WATER AND SEWERAGE AUTHORITY ACtJH

Amended

4004

BIBB COUNTY, STATE COURT OF-H

Amended

3899

BINGHAM, REED, STATE PARK-

Easement ofland authorized

810

BINGO-

Regulation by Georgia Bureau of Investigation

422

BLACKMON, ROBERT L.- ' : Compensation lor damages : . i

.K.. . - - -

4543

INDEX

4791

BLIND, FACTORY FOR THE--:: '

Surplus funds . .

759

BUND PERSONSRights

BOARD OF FUNERAL SERVICETermination da:te, inspectors, ,etcj.,. ,,,,

BOARD OF PHARMACY ACT-^B

Amended

'... 1

1131 ....... 1097
V. 1746

BOARD OF PILOTAGE COMMISSIONERS ACTNumber of pilots for Port of Savannah

. . ! 1355

BOARD OF RECREATIONAL EXAMINERS ACT-

Amended

i

60, 1511

BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS-

Members, etc

968

BOATING^B

Georgia Boat Safety Act amended

738

BONDED WAREHOUSES-

Code Chapter 111 -- 1 repealed

639

BONDS-9

Revenue Bond Law amended

709

BRANTLEY C.OUNTY-

Board of commissioners

4262

Compensation of sheriff's personnel

3664

Jurisdiction of justices of the peace, proposed amendment

to the Constitution , .

2261

BREMEN,`CITY OF-

Recorder's Court '.

4347

BROWN, GOVERNOR JOSEPH EMERSON-

Portrait ..........

l

!*.{'/ / '. . . . ' , , 787

4792

INDEX

BRUNSWICK-GLYNN COUNTY CHARTER COMMISSION-

Appropriations, etc

.A.

3950

BRUNSWICK JUDICIAL CIRCUIT-

Additional judge

959

BRYAN COUNTY-- Salarv supplements forjudges of superior eoiirt and district attorney

BUILDING AUTHORITIES-- Created in certain counties (550,000 or more)

BUSINESS CORPORATION CODE-- Amended Reviver of corporations, etc..

BUSINESS OPPORTUNITIES--

Fraudulent and deceptive practices

.

1222 4488 715 ^/1188 1233

BULLOCH COUNTY--

Compensation of board of commissioners clerical assistants. . . . 3395

Compensation of deputy sheriffs, etc

3392

L Compensation of employees of clerk of superior court

3400

Compensation of probate court clerical employees

3398

Compensation of tax commissioner's assistants. .,

3403

Terms of superior court

374

BULLOCH COUNTY, STATE COURT OF^I

Compensation of judge and solicitor

3389

BURGLARYDef ined, etc

i. 770

BURKE COUNTY-

Coroner's 'compensation

3468

BURKE COUNTY HOSPITAL AUTHORITY--

Vacancies

3976

BUTTS COUNTY^B

. Homestead exemptions, proposed amendment

to the Constitution

2333

INDEX

4793

CALLAWAY, MS. TERESA M.--

Compensation for damages

4554

CAMDEN COUNTY-- * See also Tabular Index--County Matters--Home Rule Actions.

Additional judge of superior court Land conveyance authorized

959 . . . 1501

CAMPAIGN AND FINANCIAL DISCLOSURE ACT-? Amended

724

CARPENTER, GEORGE sHN

Bridge designated

3992

CARROLL COUNTY-H

Additional judge of superior court

1447

Salary of clerk of superior court

3961

CARTLEDGE, DONALD K.-H

Compensation for damages

4543

CATOOSA COUNTY--

Board of education referendum

4250

Board of tax administrators, proposed amendment

to the Constitution

2154

Board of utilities commissioners

3935

Commissioner's salary, etc

4166

Compensation, etc. of named county officers and employees . . . 3570

Compensation of coroner

3555

District attorney's clerical assistance

1179

Sheriff's budget

4163

Tax commissioner's clerical allowance

4255

CECIL, CITY OF-

New charter

3331

CEMETERIES--

Registration and regulation

719

CENTERVILLE, CITY OF--

Corporate limits

3702

150--2

4794

INDEX

CHARITABLE CONTRIBUTIONS--

Contributions of public funds in certain counties; ;

(550,000 or more)

3406

CHARITIES--

Professional fund raising for eleemosynary institutions

335

CHARLTON COUNTY-

Homestead exemptions, proposed amendment

to the Constitution

2297

Vacancies on board of commissioners.

4358

CHATHAM COUNTY-

Consolidation votes with City of Savannah, proposed

amendment to the Constitution

..2158

Recorder's court, proposed amendment to the Constitution .... 2209

CHATHAM COUNTY, STATE COURT OF-

Pre-trial division, etc

4380

CHATSWORTH, CITY OF-

Mayor's court fines

3153

CHATTOOGA COUNTYDistrict attorney's clerical assistance Small claims court act amended

1179 4293

CHEROKEE COUNTY-H

Board of education elections, etc., referendum

3275

Compensation of county attorney

3278

CHILD ABUSE-

Reports by physicians, etc. ..........

921

CHILD ABUSE JOINT STUDY COMMITTEE-H

Created

819

CHILD SUPPORT PAYMENTS-

Fees of receiver

755

CHILDREN AND YOUTH ACT-H Amended, juvenile detention centers

1046

INDEX

4795

CHINA, REPUBLIC OF-M

Privileges, etc. of Coordination Council for North American

Affairs of Republic of China

46

CHIROPRACTIC EXAMINERS, STATE BOARD OF-H

Members

67

CHIROPRACTORS--

Insurance policies covering services within

scope of chiropractors

1279

CIVIL COURTS-- See also numed court

Judges' salaries in certain counties (145,000--165,000)

3723

CIVIL DEFENSE ACT OF 1951 -

State grants

. . .

,

1247

CIVIL PRACTICE AClJM See also practice and procedure Alternate form of service of process . Amended, forms

1124 649

CLARKE COUNTY-

Merit system of employment, proposed amendment to the

Constitution

2305

Terms of superior court

355

CLAY COUNTY-H

Small claims court

3545

CLAYTON COUNTY

Compensation of board of commissioners

3514

Compensation of coroner, deputy coroner, etc

3511

Compensation of judge of probate court

3517

Compensation of named county officers

3887

Compensation of tax commissioner

3519

Homestead exemptions, proposed amendment

to the Constitution

2310

CLAYTON COUNTY BUSINESS AND INDUSTRIAL AUTHORITY--

Authorized, proposed amendment to the Constitution

2290

CLAYTON COUNTY, STATE COURT OF-

Compensation of judge, solicitor, terms of court

3890

4796

INDEX

CLAYTON JUDICIAL CIRCUITCompensation of district attorney. Compensation of judges of superior court Compensation of official court reporters
CLERKS OF SUPERIOR COURTSSee also named county Recording of maps, plats, etc
CLINCH COUNTY^H Compensation of board of commissioners. Homestead exemptions, proposed amendment to the Constitution Tax commissioner's salary
COBB COUNTY-- Compensation of judge of juvenile court Homestead exemptions, proposed amendment to the Constitution
COBB COUNTY-MARIETTA WATER AUTHORITY-- Bonds
COBB COUNTY, STATE COURT OFArrest powers of investigators Judge pro hac vice Magistrate pro hac vice .
COBB JUDICIAL CIRCUITCompensation of full time court reporters
COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY-H Created
COFFEE COUNTYElection of school superintendent, referendum . Small Claims Court Act amended
COHUTTA, CITY OFCorporate limits, referendum
COLEMAN, CITY OFNew charter

378 375 383
826 3318 2295 3316 4133 2098 3265 3812 3608 3894 1456
4091 1795 4384 4122 . 4205

INDEX

4797

COLQUITT COUNTY-

Allocation of proceeds of local sales and use tax . . . .

4565

Taxation for education, proposed amendment

to the Constitution

2127

COLLEGE PARK BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY-B

Created, proposed amendment to the Constitution

2071

COLLEGE PARK, CITY OF- , See Tabular Index--Municipalities--Home Rule Amendments.

COLUMBIA COUNTY-

Board of commissioners created, referendum

3707

COLUMBUS, GEORGIA--

Charter amended. . 3918, 3921,3924, 3927, 3929,4140,4147,4158

Charter review commissions, proposed amendment

to the Constitution

2045

Convention and visitors board of commissioners

3983

Council meetings

4160

Elections

4149

Interim provisions repealed

4138

Judge of probate court

4143

Ordinances

4136

Property taxes

4378

Salary of judge of municipal court

4241

Salaries of mayor and council

4155

Taxing districts

4152

COLWELL, PAT E.^^

Pat E. Colwell Road designated

4564

COMMERCE, CITY OfH

Encroachments on sidewalks

4537

COMMISSIONER OF THE POOR-H

Office abolished

451

COMMUNITY AFFAIRS, DEPARTMENT OF--

Duties, etc

1316

COMPILER OF LAWS-H

Secretary of State to employ

88

4798

INDEX

CONDOMINIUM ACT-- Amended

487, 1406

CONSOLIDATED ATLANTA PROPERTIES LIMITED (CAPCO)-H

Lease amendment

1520

CONSTITUTION REVISIONExpenses of select committee

1480

CONSTRUCTION INDUSTRY LICENSING BOARDCreated

1299

CONTROLLED SUBSTANCES ACT-

Amended

,

432

CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT-

Enacted

82

CONVICTS-- Possession of currency, etc

1095

COOPERATIVE MARKETING ACTAmended

635, 924

CORDELE JUDICIAL CIRCUIT--

Additional judge

1212

Terms

687

CORDELE OFFICE BUILDING AUTHORITY^B

Projects

3972

CORONERSSee also named county. Compensation in certain counties (10,600--10,900) Compensation in certain counties (17,510-- 17,560) Compensation in certain counties (33,600--34,500) Compensation in certain counties (90,000--140,000) Compensation in certain counties (145,000--165,000) Compensation in certain counties (180,000--190,000) Deputies, etc Office abolished, etc. in DeKalb County

1185 4332 3607 .3513 3723 3600 543 3827

CORPORATE SURETIES-- Obligee defined

1159

INDEX

CORPORATIONS-- Georgia Business Corporation Code amended Registered agents, etc Reviver of corporations, etc

CORRECTIONAL INDUSTRIES ACTAmended

CORRECTIONS, STATE BOARD OF-

Funds to counties

......

Habitual offenders, etc

Possession of currency, etc. by convicts

COSMETOLOGY, STATE BOARD OF- Membership, termination date, etc

COUNTIES- Contracts Delegation of authority to approve, certain claims Funds for burial of paupers Funds from State Board of Corrections Meritorious service, etc. awards to employees, proposed amendment to the Constitution Redevelopment powers, proposed amendment to the Constitution

COUNTY COMMISSIONERS- Compensation in certain counties (20,400--20,600)

COUNTY LINES-- Survey and plat, when recorded

COUNTY OFFICERSCompensation of named offices in certain counties (180,000-190,000)

COUNTY PURCHASING DEPARTMENTSAmended as to certain counties (200,000 or more) (550,000 or more)

COURT REPORTERSSee also named circuit or court. Georgia Court Reporting Act amended, temporary employment permits

4799 623, 715
603 1188 731 470 2002 1095 . . 1420 534 463 722 470 2105 2089 4184 1178
3600
3858
528

4800

INDEX

COURTS-

Fees for receiving child support payments

>

Subpoenas, etc.; witness fees, etc.

Superior court clerks, fees for attendance upon the courts

755 7Q 1045

COURTS OF INQUIRY--

Jurisdiction, etc

415

COVINGTON, CITY OF-M

See also Tabular Index--Municipalities--Home Rule Amendments.

Charter amended

3896

COWETA JUDICIAL CIRCUIT-

Additional judge

1447

CRAWFORD COUNTY--*

Office of treasurer abolished

4184

CRIME INFORMATION CENTER-

Audits

394

CRIMES-

Bad checks

1034, 1 147

Bail jumping

387

Burglary defined, etc

770

Furnishing, etc. alcoholic beverages to underage persons 1206

Georgia Racketeer Influenced and Corrupt Organizations Act. . 405

Illegal use of financial transaction cards, etc

1083

Loitering and prowling

388

Operation of motor vehicles in violation of Code.section 68-201. 746

Removal of dead bodies from graves Removal of identifying marks, etc. from animals









1434 1062

Sales to political subdivisions, etc

733

Unlawful conversion of tax proceeds

^4

CRIMINAL PROCEDURE-

Appeal bonds Courts of inquiry . . . . . ....................

415

Criminal investigation warrants, importation or sale of marijuana
Discovery

326 1388

Prosecution involving property of the Department

of Transportation



Restitution

Trials on accusations, etc

Sealing of certain criminal records

590 1382 452 1683

INDEX
Unified review procedure in death penalty cases Use of depositions Witness fees to law enforcement officers
CRISP COUNTYAdditional judge of superior court Terms of superior court
CROUCH, JERRYCompensation for damages .
CUMMING, CITY OF|S| Punishment imposed by police court H-D-
DADE COUNTYDistrict attorney's clerical assistance Sheriff's budget, etc
DAIRY ACT OF 1980^^ Enacted
DALTON, CITY OFCompensation of recorder Homestead exemptions, proposed amendment to the Constitution Retirement system amended
DANVILLE, CITY OFHomestead exemptions, proposed amendment to the Constitution
DAWSON COUNTY-- Salaries of official court reporters
DEAD BODIES-- Removal from graves, etc
DEAF PERSONSRights
DEAN, W. P.-- Compensation for damages

4801 390 426 439
1212 687 4551
3159
1179 3125
981 3463 2223 3242
2169 369
1434 1131 3104

4802

INDEX

DEBTS DUE STATE AND LOCAL GOVERNMENTS-

Interest rate

1759

DECATUR, CITY OFAd valorem taxation, proposed amendment to the Constitution .2196

DECATUR COUNTY-- Board of education residency requirements, referendum Small claims court act amended

, 3272 3186

DEEDS-

Taxation of certain deeds

491

DEEDS OFTRUST-

Domestic corporations

472

DEEDS TO SECURE DEBTEffect of "open-end" conveyances Transfer

. . 1550, 1765 976

DEFAULT JUDGMENTS-H

Procedure, etc

833

Dekalb county--

See also Tabular Index--County Matters-Home Rule Actions.

Board of commissioners, referendum

3996

Compensation of judge of probate court

3502

Medical examiner, proposed amendment to the Constitution ... 2106

Office of medical examiner created

3827

Recorder's court jurisdiction, proposed amendment

to the Constitution

2125

Dekalb county, state court of--

Services of former judges, etc

4002

DEPARTMENT OF HUMAN RESOURCESAging section created

. 1008

DEPARTMENT OF NATURAL RESOURCES-

Disposition of property

587

DEPARTMENT OF TRANSPORTATION--

Criminal prosecutions involving property of department

590

INDEX
DEPOSITORY ACT^B State Depository Board Act amended
DEPOSITS OF PUBLIC FUNDS-B Regulated
DEPUTY SHERIFFS-B Oaths
Desoto, city of^B New charter
DEVELOPMENT AUTHORITIES LAW-^B Amended, per diem allowances in certain counties (550,000 or more) Amended, project defined, etc
DISABLED PERSONSAccess to buildings and facilities. Handicapped parking law
DISTRICT ATTORNEY EMERITUS^ '1 Act creating office amended
DISTRICT ATTORNEYS--M See also named circuit or county.
, Compensation of secretaries in certain circuits (103,000--135,000)
Salary supplements
DISTRICT ATTORNEYS' RETIREMENT SYSTEM-- Amended
DODGE COUNTYSmall claims court act amended
DOOLY COUNTYJ|| Additional judge of superior Court Terms of superior court
DORAVILLE, CITY OF-^B Homestead exemptions, proposed amendment to the Constitution

4803 763 969 527 4422 806
1332 1344 1334
939
1157 830 925 4194 1212 687 2102

4804

INDEX

DOUGHERTY, ALBANY, INNER CITY AUTHORITY ACT-- Amended Members, etc

4340 3184

DOUGHERTY COUNTY^H

Small claims court act amended

4407

DOUGHERTY COUNTY BOARD OF EDUCATION--

Contracts with Dougherty County Board of

Education

3007

DOUGHERTY COUNTY, STATE COURT OF-

Judge's salary

4258

DOUGLAS, CITY OF--

Quorum of Board of Commissioners

4298

DOUGLAS COUNTY-

Ad valorem taxation, proposed amendment

to the Constitution

.......

Board of commissioners

Compensations of board of education,

referendum

Ordinances, etc., proposed amendment to the

Constitution

2148 4371 4120 2146

DOUGLAS JUDICIAL CIRCUIT-fH

Created

563

DRUGSGeorgia Controlled Substances Act amended Third-Party Prescription Program Act

432, 1288 1761

DUBLIN, CITY OF-H Terms of mayor and council, referendum

3189

DUBLIN JUDICIAL CIRCUIT-

Additional judge

316

-E-

EARLY COUNTY-

Clerk for board of commissioners.

3575

Office of treasurer abolished

3577

INDEX

4805

EASTERLING, MS. M. KATH\^M

Compensation for damages

4555

EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY ACT-

Amended

* . .

4080

EAST POINT, CITY OF-

See also Tabular Index--Municipalitions-- Home Rule Amendments.

Elections

3116

ECHOLS COUNTY^H Board of commissioners Compensation of clerk of superior court

.3727 3724

EDUCATION--.V.

Adequate Program for Education in Georgia Act

amended

448, 450, 465, 1010

Adequate Program for Education in Georgia Act

amended, instructional media, etc

1413

Assistance in obtaining education beyond

twelfth grade

835

Boards of education in certain counties

(10,750--10,900)

4310

General obligation debt for education facilities,

proposed amendment to the Constitution

2032

Grants to local public school systems

1789

Health Insurance for public school

employees

1538, 1541

Local hearings, handicapped children exemption

1508

Professional Teaching Practices Act

1214

Program for certified teachers, proposed amendment

to the Constitution

2033

Purchase of uniforms used by public schools,

proposed amendment to the Constitution

2108

School bus drivers' sick leave

2001

Special education leadership positions

EDUCATION, STATE BOARD OF-H

Schools for deaf and blind

645

EDWARDS, CHARLES G., POST 660 OF VFwHH

Lease of land

41

4806

INDEX

EFFINGHAM COUNTY-M

Board of county commissioners

3523

Board of education, referendum

3542

Coroner's compensation

3521

Terms of superior court

374

EFFINGHAM COUNTY, STATE COURT OF-

Salaries of judge and solicitor

3527

EGGS--

Labeling, etc. of cases of eggs

690

ELBERT COUNTY-

Compensation of clerk of superior court and

judge of probate court

4201

Salary, etc. of additional judge of

superior court

1232

Terms of superior court

364

ELBERT COUNTY, STATE COURT OF--

Terms

4199

ELBERTON, CITY OF-- See Tabular Index -- Municipalities --Home Rule Amendments.

ELDERLYResidential Care Facilities for Elderly Authorities Act Services for the Aged Study Committee created Tax deferral program

1466 1482 1707

ELECTIONS--

Boards of elections created in certain counties

(11,340 - 11,390),,. . .

Boards of registration and elections in certain

counties (200,000--600,000) (350,000--600,000)

Campaign and Financial Disclosure Act

Amended

Georgia Election Code Amended

Municipal Election Code Amended

. .

Municipal Election Code Amended, deputy

registrars, etc

Placement of names on voting machines

Presidential perference primaries

Public Officers Recall Act Amended

Sale of alcoholic beverages on election days

Special elections

Special municipal elections

3003 4001 724 312, 1256 314 1005 437
5 1436 1126
685 684

INDEX

4807

ELECTRIC MEMBERSHIP CORPORATION ACT-M

Amended

72

ELEEMOSYNARY INSTITUTION'S

Professional fund raising

335

elkinsIqiston, PARKWAY^H

Liston Elkins Parkwav designated

3989

EMANUEL COUNTY^H

Small <4aims;'court act amended . . .

4273

EMERGENCIES^##

Removal of ciyil liability when equipment is''

provided without cist

1048

EMERGENCY MEDICAL TECHNICIANS^^

Health Code AmeHtlSflCiJO "FJtA - -: v

.1170

EMERGENCY TELEPHONED UMBER "911 " 1 SERVICE ACT ofT 977-

Amended

699

EMPLOYEES' HEALTH INSURANCE-*

Dental coverage, vision care, etc.

Health Health

insurance plan amended . . . maintenance organizations.,

.





,

966 . . ... . . . . . TV . . 94
965

EMPLOYEES' RETIREMENT SYSTEM^

Amended Prior service with counties

{....... p .

925 ... 1544

EMPLOYMENT SECURITY LAW-

Amended ....

. .'. i V. ; . . . :'....:'i553,156T,f 1565

EMPLOYMENT TAXEsSM Levy hv municipalities limited

. . ' 1'298

ENERGY REGULATORY REFORM COMMISSION^

' Created ..... . v. v. v.v. . . . . .

h .`C:!.'C.uT 812

ENERGY RESOURCES, COUNCIL FORAct amended

..1169

4808

INDEX

EROSION AND SEDIMENTATION ACT OF 1975-H Amended
ESTATES, ADMINISTRATION OFInheritance by and Irom illegitimates
ETOWAH WATER AND SEWER ACTEnacted
EVANS COUNTY-H Salary supplements for judges of superior court and district attorney Superior court terms.;
EVIDENCE-- Depositions in criminal cases.
EXECUTIVE REORGANIZATION ACT OF 1972^m7 Amended, Division of Forensic Sciences of Bureau of Investigation

942 1432 3407 .y.rl,222 4000
426 497

FACTORY FOR THE BLIND-- Surplus funds
FAIR BUSINESS PRACTICES ACT OF 1975Regulation of professional fund raising
FAIR EMPLOYMENT PRACTICES ACT OF 197.8^, ,, Repealer repealed
FAMILY AND CHILDREN SERVICES AGENCIES-- Investigations, etc
FANNIN COUNTY^B Compensation, etc. of board of commissioners Salary, etc. of clerk of superior court Sheriff's personnel
FARMERS MARKETS-- Establishments, etc

759 335 356 1149 3809 4324 3689 572

INDEX

4809

FAYETTE COUNTY-*

Funds to promote county, proposed amendment to the

Constitution

2225

Small claims court Act amended

4344

FEDERAL INTERGOVERNMENTAL COOPERATION ACT OF 1968--

Amended

736

FELONS-

Possession of firearms

1509

FINANCIAL INSTITUTIONS--

Tenancy in common, etc. defined....... . . . . . . . . . , .t... . . ., 753

FINANCIAL INSTITUTIONS CODE OF GEORGIA--

Amended . . .

972

Change of control of financial institution V.:. . . .'

1076

FINANCIAL TRANSACTION CARDS-

Illegal use

1083

FIRE ACADEMY ACT-w*

Amended

431

FIREARMS-H

Possession by convicted felons

1509

FIRE DEPARTMENTS--

Authority and power

1395

Pension system for members of paid departments in certain cities

amended (more than 300.000)

3201,3204, 3692

FIRE FIGHTERS STANDARDS AND TRAINING ACT-

Enacted

1242

FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL--

Qualifications of fire fighters

601

FIREMEN^B

Indemnification, proposed amendment to the Constitution 2166

Tort liability

1173

FIREMEN'S PENSION FUND--

Increase in benefits, proposed amendment

to the Constitution.

2087

4810

INDEX

FISHER, TOM S. jgjjitj Land conveyance authorized > . ... .....

:J.. .) vfmuT '798

FLORENCE, NORMA JEAN^H Compensation for damagesTM.

. .y. . . . ,.. . ...... - 4547

FLOWERY BRANCH, CITY OF-H Election of councilmen

.., 3646

FLOYD COUNTY H

See also Tabular Index--County Matters--Horne Rule Actions.

Additional judge of superio'r'court

, 782

Jurisdiction of justices of the peace, proposed amendment

to the Constitution, . . .... . . . ......

2176

Juvenile court judge, proposed arttendment to the Constitution

,. . , 2200

Rome, Floyd County Developmenf Authority Act amended . . ...3060

Staggered terms of commissioners, proposed amendment

to the Constitution . ... . . .

. .... . . . . . 220?

FLOYD, JAMES H. "SLOPPY"JamesH. "Sloppy" Floyd Veterans Memorial Building named. . . 785
FLUORIDATIONS Water supplies of certaip counties (100,000-160,000) . . ... .-. . 4343

FOODKosher food defined, etc

1767

FORECLOSURE PROCEDURE--

Personal property. .

822

FOREST, BEN-SI Compensation for damages

t-.v.; ,.; ..4560

FORESTERS, STATE BOARD OF--

Members .

. . . . .

... ... . ..... .y ,v,,.;....... 54

FORESTRY COMMISSION, STATE-M

Sale of seedlings, etc

i........... .

. 561

FORTSON, BEN W , JR.--' State Archives and Records Building designated. . ).'...

1199

INDEX

4811

FRANKLIN COUNTY--

Clerk of superior court placed on salary basis

4169

Compensation of county commissioner

4177

Judge of probate court placed on salary basis

4173

Salary, etc. of additional judge of superior court

1232

Tax commissioner placed on salary basis

4180

Terms of superior court

364

FRANKLIN COUNTY WATER AND SEWERAGE AUTHORITY ACT-

Enacted

4388

FRAUDULENT, ETC. PRACTICES IN THE SALE OF BUSINESS OPPORTUNITIES--

Enacted

1233

FULTON COUNTY-

Board of education pension fund

3196

Employee pension system

3611

Public safety service districts, proposed amendment

to the Constitution

2048

Retirement of certain former employees, proposed amendment

to the Constitution

2053

FULTON COUNTY, STATE COURT OF-

Costs

3309

Judge emeritus

3363

Magistrates

3735

Vacancies

3855

FUNERAL SERVICE, BOARD OF-

Termination date, inspectors, etc

1097

H-G-

GAINESVILLE AREA PARK COMMISSION ACT-

Enacted

4054

GAINESVILLE DEVELOPMENT AUTHORITY--

Authorized, proposed amendment to the Constitution . .

2024

GAME AND FISH--

See also Natural Resources, Department of--9H

Code amended

2004

Georgia Boat Safety Act amended

738

Raccoon trapping

323

4812

INDEX

GARNISHMENT-- Procedure, etc

1769

GENERAL ASSEMBLYCompensation of members Legislative Retirement System amended Redevelopment powers to counties and municipalities, proposed amendment to the Constitution

756 . . 925
2089

GEOLOGISTS--

Registration Act of 1975 amended

50

GEORGIA ADMINISTRATIVE PROCEDURE ACT--

Amended

820

GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT-1

Membership, etc

.. .

. 568

GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY ACT--

Amended

598

GEORGIA ALCOHOLIC BEVERAGE CODE--

Enacted

1573

GEORGIA AUCTIONEERS COMMISSION-H Termination date

1357

GEORGIA BARBERS ACT-- Amended. .

. . 59, 530

GEORGIA BOAT SAFETY ACT-

Amended

738

GEORGIA BUREAU OF INVESTIGATION--

Arrest powers of agents

420

Division of Forensic Sciences

497

Regulation of non profit bingo games

422

GEORGIA BUSINESS CORPORATION CODE--I Amended Registered agents Revivers, etc.

.. . 623, 715 603
1188

INDEX

4813

GEORGIA CIVIL DEFENSE ACT.OF 1951,^

Amended, state grants

1247

GEORGIA CODE OF PUBLIC TRANSPORTATION--jjpj Amended Amended, parking lacilities Amended, trailers, etc Leases of property, etc

.1017 773 576 775

GEORGIA CONDOMINIUM ACT-H Amended

487, 1406

GEORGIA CONTROLLED SUBSTANCES ACT-- Amended

432, 1288

GEORGIA CORRECTIONAL INDUSTRIES ACT^B

Amended

731

GEORGIA COUNCIL FOR ENERGY RESOURCES^! Act amended

1169

GEORGIA COURT REPORTING ACT-M

Amended, temporary employment permits

528

GEORGIA CRIME INFORMATION CENTER-M Audits

. .' 394

GEORGIA DAIRY ACT OF 1980Enacted

1. . '981

GEORGIA EDUCATIONAL LOAN PROGRAM-

Enacted

835

GEORGIA ENERGY REGULATORY REFORM COMMISSION-

Created

812

GEORGIA FACTORY FOR THE BLIND-- ;

Surplus funds

759

GEORGIA FIRE ACADEMY ACT-H

Amended

431

GEORGIA FIRE FIGHTER STANDARDS AND TRAINING ACT-

Amended

1242

4814

INDEX

GEORGIA FIRE FIGHTERS STANDARDS AND TRAINING COUNCIL--

Qualifications of fire fighters

601

GEORGIA FIREMEN'S PENSION FUND-

Increase in benefits, proposed amendment

to the Constitution

2087

GEORGIA HIGH SCHOOL ASSOCIATION-

Study committee created

1205

GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION-

Created

835

GEORGIA HISTORIC PRESERVATION ACT-B

Enacted

1723

GEORGIA INDUSTRIAL LOAN ACTA mended Amended, penalty provisions
GEORGIA INSURANCE CODE-- ; Amended Amended, license fees, etc Amended, reinsurance, etc Property insurance

509 1784
516 1163 1108
760

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT-^Q j

Amended

638

GEORGIA LEGISLATIVE RETIREMENT SYSTEM ACT--

Amended

611

GEORGIA MICROFORMS ACT-

Enacted

519

GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955--

Amended

589

Amended, liability of members

824

GEORGIA MILITARY SCHOLARSHIP ACT-

Enacted

1292

INDEX

4815

GEORGIA MOUNTAIN FAIR AUTHORITY OF TOWNS COUNTY-

Created

3134

GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT^B

Amended, police chaplains Amended, radar operators

1127 . 979

GEORGIA PESTICIDE CONTROL ACT OF 1976--1v;

Amended, violations, etc

747

GEORGIA PESTICIDE USE AND APPLICATION ACT OF 1976-B

Amended, license fees, etc

749

GEORGIA PLANTVoOD ACT OF 1970-OC

Amended

1150

GEORGIA PORTS AUTHORITY-

Arfest powers of investigators

..

503

GEORGIA POWER COMPANY-

Exchange of land authorized

1202

GEORGIA PUBLIGREVENUE GODE-
See also Public Revenue Amended ...... v..'. . '. V! ^ A*'?/. . . i. .. ..!.'(.. 10, 436

GEORGIA PUBLIC SAFETY TRAINING CENTER ACtH

Enacted .

. . . . .V

429

GEORGIA RESIDENTIAL FINANCE AUTHORITY ACT--

Amended

1269

Amended, bonds, etc

351

GEORGIA RICO ACT^Srt* Racketeer influenced and corrupt organizations act enacted. . . 405

GEORGIA SAFE DAMS ACT OF 1978-H

Amended

922

GEORGIA SEED DEVELOPMENT ACT-H

Amended

348

4816

INDEX

GEORGIA STATE BOARD OF PHYSICAL THERAPY-#*

Act amended

1053

GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT-H

Amended

555

GEORGIA STUDENT FINANCE AUTHORITY ACT-

Enacted

835

GEORGIA STUDENT FINANCE COMMISSION^; 1

Created

835

GEORGIA TAX REFORM COMMISSION-

Amended

1684

GLYNN COUNTY-H

Additional judge of superior court

959

Compensation, etc. of clerk of superior court and

probate court judge

3766

Facilities, etc. for sheriff's office

4457

GLYNN COUNTY, BRUNSWICK, CHARTER COMMISSION--

Appropriations, etc

3950

GLYNN COUNTY, STATE COURT OF-||g| Salaries . . .

4517

GOODWILL INDUSTRIES OF THE COASTAL EMPIRE, INC^H

Lease authorized

43

GORDON COUNTY-

Compensation of named county officers

3586

Compensation of tax commissioner

3588

Homestead exemptions, proposed amendment

to the Constitution

2247

Vacancies on board of education, referendum

3720

GOVERNOR-

Appointment of members of examing boards

1162

Compensation

758

GRANDPARENTS--

Visitation rights, etc

936

INDEX

4817

GRAVES-

Removal of dead bodies

1434

GREAT PARK AUTHORITY--

Created

328

GREENE COUNTY-

Development Authority Act amended

3105

GRIFFIN DEVELOPMENT AUTHORITY

Created, etc., proposed amendment to the Constitution

2315

GRIFFIN DEVELOPMENT AUTHORITY ACT-

Amended

4413

GRUMMAN AEROSPACE CORPORATION-H

Land conveyance authorized

808

GUARDIAN AND WARD-H

Guardians of incapacitated adults

1661

GWINNETT COUNTY-S

Recorder's .Court . . ..

3539

GWINNETT JUDICIAL BUILDING AUTHORITY--

Created, proposed amendment to the Constitution

2010

;:

HABERSHAM COUNTY,^
Homestead exemptions, proposed amendment to the Constitution
Taxes for educational purposes, proposed amendment to the Constitution

-- 2283 2280

HALL COUNTY-9

Board of elections, proposed amendment to the Constitution . . . 2227

Salaries of official court reporters

369

HALL COUNTY, STATE COURT OF-

Judge's compensation

3605

HAMRICK, MRS. MARGRET B.-

Compensation for damages

4556

4818

INDEX

HANDICAPPED PARKING LAWEnacted

1334

HANDICAPPED PERSONSAccess to buildings and facilities

...... 1344

HAPEVILLE, CITY OF-^B

New charter

3769

HAPEVILLE DEVELOPMENT AUTHORITY-B Created, proposed amendment to the Constitution ........... 2055

HARALSON COUNTY-B

Compensation of judge of probate court

4224

Treasurer's compensation

3967

HARRISON, TOWN OF--

Charter amended

3582

HART COUNTYSalarv, etc. of additional judge of Superior Court Terms of superior court

1232 364

HAWKINSVILLE, PULASKI COUNTY. DEVELOPMENT AUTHORITY ACT-

Amended

3905

HAZLEHURST. CITY OF^B See Tabular Index--Municipalities--Home Rub' Amendments.

HEALEY, MRS. MARI PARKER--

Compensation tor damages

4550

HEALTH-
Eve Banks Habilitation of mentally retarded persons Licensure of home health agencies etc. Long-Term Care Facility Resident Abuse ReportingAct Notification and consultation rights, etc Peer review protection Registration of spinal cord disabled persons . Removal of dead bodies from graves

1328 1160 1790 1261 1451 1282 1245 1434

INDEX

4819

HEALTH CODE-M

Amended, advanced emergency medical technicians, etc 1170

Teaching hospitals, reports of non-accidental injuries

1040

HEALTH INSURANCE-- Coverage for retired State employees Employees health plan amended Health maintenance plans for State employees . . . . Public school teachers

9 94 . . 965 963

HEARD COUNTY-H Additional judge of superior court

. 1447

HELENA, CITY OF^-d'a Charter amended

HEMPERLEY, III, MR & MRS. CARLOS MASON-

Compensation for damages

.

t . . 4354 4546

HENRY COUNTY^

Board of County Commissioners, referendum

3009

Conveyance of land located in Henry County authorized

799

Development Authority Act amended

3087

Homestead exemptions, proposed amendment

to the Constitution

2255, 2257

Ordinances, etc., proposed amendment to the Constitution .... 2303

Small Claims Court Act amended

3958

HIGHER EDUCATION ASSISTANCE CORPORATION-H

Created

835

HISTORIC PRESERVATION ACT-

Enacted

1723

HOLLAND, ARCHIBALD--

Archibald Holland Bridge designated

4561

HOLLY SPRINGS, CITY OF-^B

New charter

.;.... -. .

3281

HOME HEALTH AGENCIES-- Licensure, etc

.1790

4820

INDEX

HOMESTEAD EXEMPTIONS-

See also named County or municipality

CodeTitle 51 amended. . .

952

HOSPITAL AUTHORITIES-H Revenue Anticipation certificates. . . . . .. . . . .

.V-:1140

HOSPITAL SERVICE NONPROFIT CORPORATIONS-

Directors

68

HOSPITALS-- Advisory Council for construction and licensure abolished Reports of non-accidental injuries by teaching hospitals

784 1040

HOUSE OF REPRESENTATIVES--

Compensation of members

756

HOUSING AUTHORITIES LAW-- Amended, bonds
HOUSTON COUNTY - mi Homestead exemptions, proposed amendment to the Constitution

1094 2163

HUMAN RESOURCES, DEPARTMENT OF-

Aging section created

1008

illegitimates-H Inheritance
INDEMNIFICATION FOR DEATHS OF CERTAIN LAW ENFORCEMENT OFFICERS, ETC.-- Provisions for indemnifications
INDIAN AFFAIRS-- Commission abolished, functions transferred
INDUSTRIAL LOAN ACTAmended
INHERITANCE- By and from illegitimates

1432
700 346 509 1432

INDEX

4821

INSURANCE--

Act authorizing self insurance of State agencies amended

399

Cancellation or modification of policies

1011

Conversion privileges of certain policies

1393

Filing of rates, etc

1063

Georgia Insurance Code amended

516,1108

Liability insurance for members of organized militia

1358

License fees, etc

1163

Medicare supplement health insurance

1266, 1418

Outpatient surgical procedures

1251

Policies covering services within scope of applied psychologists . 1249

Policies covering services within scope of chiropractors

1279

Property insurance, etc

760

Taxation of life insurance companies, proposed amendment

to the Constitution

2203

Uninsured motor vehicle insurance coverage, etc.

1428

INSURANCE PREMIUM FINANCE COMPANY ACT-

Amended

505

INTANGIBLE PROPERTY-

Taxation

332

INTEREST AND USURY-

Interest rates.

:

511

Interest rates on commercial accounts

514

Motor Vehicle Sales Finance Act amended

523

Penalty provisions under Georgia Industrial Loan Act

1784

INTERROGATORIES^^

Use in civil cases

938

IRWIN COUNTY-

Additional judge of superior court

080

Office of tax commissioner created, referendum

3030

-J-

JACKSON COUNTYBoard of education, proposed amendment to the Constitution . . 2276

JAIL STANDARDS STUDY COMMISSIONAmended

385

4822

INDEX

JASPER COUNTY-

Judge of probate court placed on salary basis

3753

Small claims court act amended

3658

JEFF DAVIS COUNTY-

Additional judge of superior court

959

JEFFERSON COUNTY-

Small claims court act amended

3465

JEFFERSONVILLE, CITY OF-^B

Compensation of mayor and councilmen

4192

JENKINS COUNTYTerms of superior court. . .



374

JOHNSON, GEORGE H.Resolution authorizing exchange of land repealed

1500

JOINT BOARD OF FAMILY PRACTICE ACT-

Amended

571

JOINT EMERGENCY MEDICAL SERVICES STUDY COMMITTEE-

Created

1486

JOINT LOCAL MENTAL HEALTH AND MENTAL RETARDATION GOVERNANCE STUDY COMMITTEE--

Created

.1493

JONES COUNTY-- Clerk of superior court placed on salary basis Compensation, etc. of board of commissioners Probate court clerks, etc Tax collector placed on salary basis Tax receiver placed on salary basis

3621 3625 3628 3613 3617

JORDAN, SR., JAMES C.-

Compensation for damages

4563

JUDGMENTS-- ,

Garnishments, etc

1769

Interest rate

1118

Judgements without jury verdicts, proposed amendment

to the Constitution

2103

INDEX

4823

JUDGMENTS, DEFAULT-

Procedure, etc

:

833

JUSTICE COURTS TRAININC COUNCIL ACT-

Amended

638

JUSTICES OF THE PEACE-M Duties

441

JUVENILE COURT CODE^i Amended....':..; Amended, designated felony acts, etc

416 1013

JUVENILE COURTS-H Judges salaries in certaincbunties (180,000-190,000) Venue, proposed amendment to the Constitutidn
JUVENILE DETENTION CENTERS-: Children and Youth Act amended

3600 2174 1046

-k-9

KING, ALLEN D.^|

Compensation for damages

4552

KITE, TOWN OF-

Charter amended

3505

KOSHER FOODS-

Defined, etc

. . . ,

1767

H-L-H

LA GRANGE, CITY OF-

Elections

:. !

3323

La GRANGE, DOWNTOWN DEVELOPMENT AUTHORITY-

Amended

3034

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT^B

Amended

7^5

4824

INDEX

LAMAR COUNTY-M

Compensation of board of commissioners

3593

Compensation of judge of probate court

3595

Compensation of tax commissioner

3597

LANDSCAPE ARCHITECTS--

Board of Landscape Architects Act amended

591

LAND SURVEYORSCompensation when settling county line disputes . . ..... ,. ... 280

LANIER ISLANDS DEVELOPMENT AUTHORITY ACT-.

Amended

765

LAURENS COUNTY-
Board of county commissioners, referendum ^^Compensation of judge of probate CjOu.rt
Office of treasurer abolished, etc Small claims court act amended

3016 4275 3480 ,. x-4265

LAURENS COUNTY, STATE COURT OF-

Abolished

3268

Salaries of judge and solicitor

3320

LAW ENFORCEMENT OFFICERS-

Indemnification for death of certain officers

700

Indemnification for deaths of certain law enforcement officers. . 1343

Indemnification, proposed amendment to the Constitution 2166

Witnessfees

439

LEGISLATIVE ADVISORY COMMITTEES^]

Created in certain counties (170,000-190,000)

4281

LEGISLATIVE COUNSEL-

Secretary of State to furnish laws

644

LEGISLATIVE RETIREMENT SYSTEM ACT-- . . Amended

611, 925

LENOX, TOWN OF--

Elections

3860,

LESLIE, CITY OF-S

Appeals from municipal court

4244

INDEX

4825

LIBERTY COUNTY^B Salary supplements for judge,sof.superipr ... court and district attorney

.. . 1222

LIBERTY COUNTY INDUsnUAI. AUTIIORITyB

Members, etc., proposed amendment to the Constitution

2221

LIBRARIANS, STATE BOARD FOR CERTIFICATION--

Act amended Members ,

489 J , . . '. T ^ .... 1075

LICENSE FEES-H

Date of payment when due date falls on Saturday, Sunday

or legal holiday

712

LILBURN, CITY OF-

New charter

3164

LILLY, CITY OF-

Elections, etc

3970

LIVESTOCK DEALERS-

Licensing act repealed

1107

LOCAL GOVERNMENT FINANCIAL MANAGEMENT STANDARDS-

Enacted

1738

LOCAL GOVERNMENT INVESTMENT POOL ACT-M

Enacted

1715

LOCAL OPTION SALES AND USE TAX ACT7H

Amended

1764

LOITERING AND PROWLING-

Crime defined, etc

388

LONG COUNTY--

Salary supplements for judges of superior

court and district attorney

' Small claims court created

Tax commissioner's compensation

:

1222 .....4110
3579

LONG-TERM CARE FACILITY RESIDENT ABUSE REPORTING ACT-H

151--E2 nacted

1261

4826

INDEX

LOOKOUT MOUNTAIN JUDICIAL CIRCUITDistrict attorney's clerical assistance v. . . . . /. .......179

LOUISVILLE & NASHVILLE RAILROAD COMPANY-- Easement authorized

1489

LOWNDES COUNTY^H Compensation of board of commissioners Homestead exemptions, proposed amendment to the Constitution. Jurisdiction of justices of the peace, proposed amendment to the Constitution

3567 2207 ... 2160

LUDOWICI, CITY OF-. Charter amended

. ...... 3667

LUMPKIN COUNTY-H

Small claims court created

3815

Salaries of official court reporters

369

LYONS, CITY OF-

See also Tabular Index--Municipalities--Home Rule Amendments.

Vacancies on city council

3499

MACON-BIBB COUNTY TRANSIT AUTHORITY ACT OF 1980-

Enacted

4313

MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY--

Bonds, proposed amendment to the Constitution'

2128

MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY-

1974 Act reenacted Amended

3150 4004

MACON, CITY OF--

Ad valorem taxation, proposed amendment to the Constitution . 2092

Conveyance of land located in city of Macon authorized

803

Taxation

4311

MADISON, CITY OF-

Mayor's court.

4296

INDEX

4827

MADISON COUNTY-M
Compensation of chairman of board of commissioners Compensation of coroner Salary, etc. of additional judge of superior court Terms of superior court

3559 3562 . 1232 364

MALT BEVERAGES-- ,

Sale by the drink on Sundays in certain counties

(200,000-600,000) (350,000-550,000)

3661

MANCHESTER, CITY OFCorporate limits

. .

3564

MAPS, PLATS, ETC.-

Recording by superior court clerks . .

826

MARIETTA, CITY OF-

See also Tabular Index--Municipalities--Home Rule Amendments.

Cobb County--Marietta Water Authority bonds . Corporate limits Homestead exemptions, proposed amendment
to the Constitution

3265 4350 2123

MARIETTA, COBB, COLISEUM AND EXHIBIT HALL AUTHORITY--

Created

4091

MARIETTA, DOWNTOWN DEVELOPMENT AUTHORITY ACT--

Amended

3866

MARIJUANA-- v;

Criminal investigation warrants

326

MARION COUNTY

Homestead exemptions, proposed amendment

to the Constitution

2338

MARRIAGE LICENSES-

Notification of parents in certain circumstances. . !

438

MARTIN, TOWN OF-

New charter.

3215

MCDUFFIE COUNTY-

Compensation of board of commissioners

3259

Compensation of coroner

3262

4828

INDEX

mcintyre, town of^H

Elections, etc

3932

mcintosh countyBoard of education, referendum Salary supplements for judges of superior court and district attorney , . . .....

3112 ... ..... . , ... .,1222

MECHANIC LIENS^B

Aircraft

831

MEDICAL PRACTITIONERS--

Annual renewal of provisional licenses

321

Licensing of aliens, discipline of physicians

3

MENTALLY RETARDED PERSONSHabilitation

. ...

1160

MERIWETHER COUNTY^B

Additional judge of superior court . . .

1447

Conveyance of land in Meriwether County authorized .

815

METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION ACT OF 1971^M

Amended

366

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 . !

Amended

3831,4333

METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE--

Amended

790

MICROFORMS--

Georgia Microforms Act

519

MILEAGE ALLOWANCE FOR STATE TRAVEL-

Sta te employees

350

MILITARY FORCES REORGANIZATION ACT OF 1955-

A mended

589

Amended, liabilitv of members

824

INDEX

4829

MILITARY SCHOLARSHIP ACT-

Enacted

1292

MILLEDGEVILLE, CITY OF-

Budgets, etc

.

3649

MILLER COUNTY---. . Tax commissioner's compensation .............. . . ....... 3038

MINORS--

Prohibited from certain businesses in certain

counties (350,000-500,000)

3161

MITCHELL COUNTYClerk of superior court placed on salary basis r. >.' J . \ Coroner placed on salary basis,....... Probate Court judge placed on salary basis Tax commissioner placed on salary basis

. 4085 4290 4088 3716

MONROE COUNTY---1

Homestead exemptions, proposed amendment

to the Constitution

2216

MORGAN, JOEL NATHANIEL-- National Guard Armory designated

: . . . i i , 789

MORTGAGES-^B Effect of "open-end" mortgages limited

1550, 1765

MOTOR COMMON CARRIERS--

Public service commission, fees, etc

Rates, etc

. . .

Temporary emergency authority

618 ... .... 1119
475

MOTOR CONTRACT CARRIERS--

Public Service Commission, Pees, etc

616

Temporary permits

479

MOTOR FUEL TAXES--Jp

Congress urged to designate any increase to States

1201

MOTOR VEHICLE CERTIFICATE OF TITLE ACT-

Amended

507

Amended, reports of county tag agents

1038

4830

INDEX

MOTOR VEHICLE SALES FINANCE ACT-M

Amended

523

MOTOR VEHICLES-- Abstracts of driving records Certificate of title Act amended Duty upon striking unattended vehicle Handicapped parking law Licensing of vehicles over 24,000 pounds License plates of State and subdivision owned vehicles Operation in violation of Code section 68-201 Removal of abandoned motor vehicles Suspension, etc. of operators' licenses Uninsured motor vehicle insurance coverage, etc

917 518 . 1059 1334 1050 357 746 995 691 1428

MOULTRIE, CITY OF--

Civil service system, etc

4301

MUNICIPAL COURTS--

See also named county or municipality.

Jurisdiction, proposed amendment to the Constitution

2026

MUNICIPAL ELECTION CODE-

A mended

Special elections. ......... i . ;

^

3i4 . 684

MUNICIPAL ELECTIONS-- Deputy registrars, etc

.

1005

MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA--

Tax exemption repealed

. . . . . .

128

MUNICtPAL PENSION SYSTEMS

Amended as to certain municipalities (more

than 300,000)

R.r.').'{/. ... I .-:.. . . . . 3691,3852

MUNICIPALITIES-

See also named municipality.

Annexation in certain counties (200,000-500,000) (350,000-500,000)
Delegation of authority to approve certain claims Levy of employment|axes limited Meritorious service, etc. awards to employees, proposed
amendment to the Constitution Redevelopment powers, proposed amendment
to the Constitution Taxation of businesses, etc

4357 463 1298 2105 2089 1175

INDEX

4831

MURRAY COUNTY-

Coroner placed on salary basis,. :.,;..,.. . f . . .

3041

Homestead exemptions, proposed amendment

to the Constitution

2050

Jurisdiction of justices of the peace, proposed amendment

to the Constitution

2173

MURRAY COUNTY WATER AND SEWER AUTHORITY ACT^ '1

Enacted

3447

MUSCOGEE COUNTY; - See also Columbus, Georgia. Compensation of clerk of superior court. Compensation of tax commissioner Homestead exemptions, proposed Constitution Salary of judge of Municipal Court.

amendment

3248 3250 to the 2009 . 4241

MUSCOGEE COUNTY, STATE COURT OF^

Compensation of judge, solicitor, etc

4327

MUSEUM OF AGRICULTURE-- Designated
MYERS, HENRY TIFT, AIR MUSEUM AUTHORITYCreated
-N-
NAHUNTA, CITY OF^H New charter
NATURAL RESOURCES, DEPARTMENT OFSee also Game and Fish. Authority to acquire part of Sapelo Island Disposition of property State park fund abolished, etc Transfer of functions of Franklin D. Roosevejt Warm Springs Memorial Commission Use of funds, bag limits on deer
NEWINGTON, TOWN OFElections

7gg . 3g8I
4012
359 537 324 593 95 4232

4832

INDEX

NEWNAN.CITY OFSee Tabular Index--Municipalities--Home Rule Amendments. '

NEWTON COUNTY-H Board of education. Compensation of judges of superior court Homestead exemptions, proposed amendment jfo the Constituiton Jurisdiction of small claims court

3473 498 2171,2187 3470

NORCROSS, CITY OF-

Corporate limits

4187

NORTHEASTERN JUDICIAL CIRCUIT -

Terms.

'

369

NORTHERN JUDICIAL CIRCUIT-

Salary, etc. of additional judge

1232

Terms

364

NUISANCES--

Agricultural or farming procedures

1253

Manner of abatement, etc

620

NURSES, STATE BOARD OF LICENSED PRACTICAL--

Members

58

NURSING HOMES-

State Board of Nursing Homes Act amended

536

-O-

OAK PARK, TOWN OF--

Charter amended

3426

OAKWOOD, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

OCCUPATIONAL THERAPY, STATE BOARD OF--

Members

61

OCONEE COUNTY-H

Board of county commissioners

3757

INDEX

4833

OCONEE COUNTY PUBLIC UTILITY AUTHORITY ACT-

Enacted



3429

OFFENDER REHABILITATION ACT-

Correctional Industries Act Amended

731

Habitual offenders, etc

2002

Notice of escapes to Board of Pardons and Paroles

393

Supplementary appropriation

. ...

7

OGEECHEE JUDICIAL CIRCUIT-*

Terms

374

oglethorpecountyBB

Board of education

3907

,... Salary, etc. of additional judge of superior court

1232

Terms of superior court

364

OGLETHORPE POWER CORPORATION^

Corrective easement

1194

OPEN-END MORTGAGES-1^' Effect limited

1550, 1765

OPEN MEETING ACT-

Amended, recorded votes

595

OPTICIANS, STATE BOARD OF^B

Examinations, fees, etc

1101

OPTOMETRISTS--

Board members; uses of pharmaceutical agents for

diagnostic purposes

47

ORGANIZED CRIME PREVENTION COUNCIL-

' Created

.

396

ORGANIZED MILITIA-H Liability insurance for members

.1358

-P- I

PARDONS AND PAROLES, BOARD OF^B

Earned time to parolees

402

4834

INDEX

Notification by Department of Offender Rehabilitation of escapes
Parole guidelines

393 404

PARENT AND CHILD-B Paternity suits, etc Visitation rights, etc. of grandparents.

1374 . . ... 936

PARKING FACILITIES-^B

Code of Public Transportation amended.

773

PARKING FEESDeduction of fees from State employees wages-,,... .

1049

PARKS-9

Great Parks Authority created

328

PATERNITY SUITS--

Procedure, etc

1374

PATTERSON, STONEWALL JACKSON, MEMORIAL BRIDGE^.

Designated

3604

PAULDING COUNTY--i !

Civil Service System Act

, ,

Compensation of clerk of superior court

Fire prevention districts

Homestead exemptions, proposed amendment

to the Constitution

%. .;. * . . . v3119 4461 4463 . 2312

PAUPERS-

Funds for burial of paupers

722

PEACEOFFICER STANDARDS AND TRAINING ACT-^B Amended, police chaplains Amended, radar operators

1127 979

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT-

Amended

1121

PEACHTREE CITY, CITY OFSee Tabular Index--Municipalities--Home Rule Amendments.

PELHAM, CITY OF-1 Elections, etc., referendum

3914

INDEX

PERRY, CITY OFHomestead exemptions, proposed amendment to the Constitution

PESTICIDE CONTROL ACT OF 1976-H Amended, violations, etc

PESTICIDE USE AND APPLICATION ACT OF 1976-H Amended, license fees, etc. ."

PHARMACEUTICAL AGENTSUse by optometrists for diagnostic purposes

PHARMACIES-- Third-party Prescription Program Act

PHARMACY, BOARD OFAet amended

PHYSICAL THERAPY, STATE BOARD OFAct amended Members

PHYSICANS^H
Annual renewal of provisional licenses. . Joint Board of Family Practice Act amended Licensing of aliens, discipline of physicians . . Reports of child abuse

PlffE COUNTY-

Small Claims Court Act amended

. .

PILOTAGE, BOARDS OF COMMISSIONERS- Number of pilots for Port of Savannah

PLAINS, CITY OFCharter amended . . . . A'! I1.'.AV. i . . .

PLATSCounty line surveys Recording by superior court clerks

PLA'nTFOOD ACT OF 1970Amended

4835
2151 747 749 47
1761 1746 1053 53
321 571
3 921 .4419 1355 4402 1178 826 1150

4836

INDEX

PLUMLEY, JANICE T.--

Compensation for damages, etc

4562

POLICE CHAPLAINS-- Georgia Peace Officer Standards and Training Act amended ... 1127

POLICE DEPARTMENTS--

Pension system amended for members of police departments

of certain cities (300,000 or more)

3205, 3208

POLK COUNTY--

Coroner's compensation, deputy coroner, etc

4469

Small claims court created

4472

POLK COUNTY, STATE COURT OF--

Judge's compensation

4580

POLYGRAPH EXAMINERS, STATE BOARD OF-

Members

57

POOLER, TOWN OF-

Corporate limits

3131

PORT OF SAVANNAHNumber of pilots. . .

1355

PORT WENTWORTH, CITY OF-

Ordinances

4226

Taxation

4230

POWDER SPRINGS, CITY OF-

Corporate limits, etc. , .

.

3640

POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY--

Created, proposed amendment to the Constitution

2035

PRACTICAL NURSES, STATE BOARD OF-

Members

58

PRACTICE AND PROCEDURE-
Alternate form of service of process Attachment Civil Practice Act amended, forms Default judgments

1124 1065
649 833

INDEX

4837

Foreclosure procedure on personal property

822

Interest rate on judgments

1118

Judgments without jury verdicts, proposed amendment to the

Constitution

2103

Garnishment

1769

Mechanic liens on aircraft

831

Paternity suits, etc

1374

Recovery in wrongful death actions

1154

Use of interrogations

. 938

Visitation rights of grandparents

936

PRESIDENTIAL PREFERENCE PRIMARY--

Names of candidates

5

PRISON GUARDSIndemnification, proposed amendment to the Constitution 2166

PROBATE COURTS-irn See also named county. Clerks in certain counties (73,000-89,000) Judges'retirement system Judges'salaries Judges'salaries in certain counties (145,000-165,000) Judges' salaries in certain counties (180,000-190,000) Marriage licenses, duty to notify parents in certain circumstances

.' . 365 1346 551 3723 3600 438

PROBATION --Sj Statewode Probation Act amended

. 1136

PROBATION ADVISORY COUNCIL-

Created

400

PROFESSIONAL ENGINEERS--

Board of registration Act amended, members

968

PROFESSIONAL FUND RAISING--

Eleemosynary institutions

335

PROFESSIONAL TEACHING PRACTICES ACT-H

Enacted

1214

PROPERTY-

Tenancy in common defined, etc.

753

4838

INDEX

PROPERTY, PERSONAL-

Foreclosure procedure

822

PSYCHOLOGISTS, STATE BOARD OF EXAMINERS--I Act amended Members

.1336 62

PUBLIC ACCOMMODATIONS

Rights of blind, visually handicapped and deaf persons

1131

PUBLIC ACCOUNTANCY ACT OF 1977-^B

Amended, inactive status licenses

1543

PUBLIC DEBT^B

General obligation debt for education facilities, proposed

amendment to the Constitution

2032

PUBLIC FUNDS-aB

Deposits . ... . , .....:. . . . ... .

969

Local Government Investment Pool Act

1715

PUBLIC FUNDS FOR CHARITABLE PURPOSES-

Contributions of public funds in certain counties

(550,000 or more) . . . .

. .

3406

PUBLIC HEALTH-H

Notice of petitions, release of certain individuals

678

Registration of spinal-cord disabled persons

1245

PUBLIC MEETINGS-H 1972 Act amended

1254

PUBLIC NOTICE--

Study by Secretary of State of procedure

1197

PUBLIC OFFICERS RECALL ACT-- Amended

1436

PUBLIC REVENUE-

Ad valorem exemptions in certain counties (600,000 or

more), proposed amendment to the Constitution

2094

Ad valorem taxation in certain counties (145,000-165,000) . . . 353

Ad valorem taxation of public utilities

1736

Ad valorem tax due dates in certain counties (350,000-600,000) 710

INDEX

4839

Alcoholic Beverage Code

1573

Classes of tangible property, proposed amendment

to the Constitution

2027

Collection of debts to State, etc

1555

Date of payment when due date falls on Saturday, Sunday or

legal holiday

\

. 712

Estimated income tax by individuals

459

Homestead exemptions for elderly residents, proposed amendment

to the Constitution

2114

Intangible personal property taxation

332

Interest on taxes, etc

1759

Local Option Sales and Use Tax Act amended

1764

Municipal taxation of businesses, etc

1175

Paper stock exemption from sales and use taxes

805

Public Revenue Code, amended

10

Public Revenue Code amended

1390

Revenue Code amended

436

Review of assessments by county board of equalization

1722

Sales and use tax exemption, blood banks

1188

Sales and use tax on sales of motor vehicles to nonresidents

586

Taxation of certain deeds

491

Taxation of life insurance companies, proposed amendment

to the Constitution

2203

Taxation of railroad equipment companies

1735

Tax deferral for the elderf^H/V

1707

Unlawful conversion of tax proceeds

834

PUBLIC SAFETY, DEPARTMENT OF-

Abstracts of driving records

917

Arrest powers of G.B.I. agents

...

420

PUBLIC SAFETY TRAINING CENTER ACT^B

Enacted

429

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM ACT-

Amended

,

. 1787

PUBLIC SERVICE COMMISSION-H

Employment of experts within state government

675

Employment of full time state employees to assist commission . . 1004

Motor common carrier rates

1119

Motor common carriers. .

479, 618

Motor contract carriers

479, 616

PUBLIC TRANSPORTATION, CODE OF

Amended Amended, parking facilities Amended, trailers, etc Leasfes of property, etc

. 1017 . .. . . . . . , 773
576 775

4840

INDEX

PUBLIC TELECOMMUNICATIONS TASK FORCE-

Created

. .

956

PUBLIC UTILITIES-H Ad valorem taxation

1736

PULASKI COUNTY-- Small claims court.................. . ...... .';v. . ,,. 3075

PULASKI COUNTY--HAWKINSVILLE DEVELOPMENT AUTHORITY ACT---

' Amended .

3905

- rH

RABUN COUNTY J

Compensation of clerls,of superior court. >

3329

Small claims court created

3742

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT-

Enacted

405

RADAR OPERATORSGeorgia Peace Officer Standards and Training Act amended . . . 979

RAILROAD EQUIPMENT COMPANIES-H

Taxation

1735

RANDOLPH COUNTY-H

Small Claims Court Act amended

3963

REALESTATE^B

Act regulating transactions amended

585

REAL ESTATE BROKERS AND SALESMEN-

Act amended

1398

REAL PROPERTY--

Effect of "open-end" mortgages limited

1550

Tenancy in common, etc

753

Transfer of deeds to secure debt

076

INDEX

4841

RECALL ELECTIONS--B Public Officers Recall Act amended
RECREATION EXAMINERS ACT-- Amended Members

1436

.............

,1511 60

REGISTERED PROFESSION ALSANlTARlANS--

Board members

49

REMERTON, CITY OF-9

Taxation

3211

REPUBLIC OF CHINcUM

Privileges, etc. of coordination council for North America Affairs

of the Republic of China

yv, . ,...,. . . . - 46

RESIDENTIAL CARE FACILITIES FOR ELDERLY AUTHORITIES ACT-

Enacted

1466

RESIDENTIAL FINANCE AUTHORITY ACT-

Amended

1269

RESIDENTIAL FINANCIAL AUTHORITY ACT-H

Amended, bonds, etc

351

REVENUE--

Ad valorem exemptions in certain counties (600,000 or more),

proposed amendment to the Constitution

2094

Ad valorem taxation of public utilities

1736

Ad valorem tax due dates in certain counties (350,000--600,000).., . 710

Alcoholic Beverage Code

1573

Collection of debts to state, etc

v. i ! c . i--. . 1555

Date of payment for taxes, etc. when clue date falls on Saturday,

Sunday or legal holiday

. ..... . . . . .: 712

.Estimated income tax by individuals

459

Exemption from Sales'and use taxes

. 1

. . . . . . . 805

Homestead exemptions for elderly residents, proposed amendment

to the Constitution

'. ..)... . . . .'2114

Intangible personal property taxation

332

Interest on taxes, etc

1 ....... 1 . . 1759

Local Option Sales and Use Tax Act amended . .'

1764

Municipal taxation of businesses

.

1175

Public Revenue Code, amended

... 10,436, 1390

Review of assessments by county board of equalization

1722

4842

INDEX

Sales and use tax exemptions, blood banks Sales and use tax on sales of motor vehicles to nonresidents Tangible property, proposed amendment to the Constitution Taxation of certain deeds Taxation of life insurance companies, proposed amendment
to the Constitution Taxation of railroad equipment companies . . . . Tax deferral for the elderly Unlawful conversion of tax proceeds . .`
REVENUE BOND LAW-- Revenue defined
REVENUE DEPARTMENT-- Notices, resale of alcoholic beverages

1188 586 2027 491 2203 1735 1707 834
709
1174

RICHMOND COUNTYSee also Tabular Index--County Matters--Home Rule Actions.

Ad valorem taxation, proposed amendment to the Constitution . 2162

Ad valorem taxation, proposed amendment to the Constitution .2177

Board of education, referendum

3841

Homestead exemptions, proposed amendment

to the Constitution

2190

Opening of bids, etc

3695

Removal of school superintendent . . . ,

3257

RICHMOND COUNTY, CIVIL COURT OF--. .-j

Costs, sales, etc

3533

RICHMOND HILL, CITY OE-

Elections, etc.

^

3911

RINGGOLD, CITY OF^Charter amended

; 3880

ROCKDALE COUNTY-- See also Tabular Index--County Matters--Home Rule Actions.

Compensation, etc. of board of commissioners . . .

3496

Compensation, etc. of clerk of superior court

3484

Compensation, etc. of coroner

3490

Compensation, etc. of probate court judge ......

3482

Compensation, etc. of sheriff

3494

Compensation, etc. of tax commissioner

3492

Magistrates court act amended

t

3486

INDEX

4843

ROCKDALE COUNTY PUBLIC FACILITIES AUTHORITY--

Created, proposed amendment to the Constitution

2232

ROCKMART, CITY OF--

Charter amended

4483

ROME--FLOYgtCQUNTY DEVELOPMENT AUTHORITY ACT--

Amended

3060

ROMEJUDICIAL,CIR,(j|;n 9 AdditionOTjuage.'"7T.V,V.\

.. ...'.

. . . 782

ROOSEVELT. FRANKLIN D. Transfer'fif functions of Franklin D. Roosevelt Warm Springs Memorial Commission

. 593

ROWLAND, GRATTAN W. --,

Exchange of'land authorized' .'.-

3990

--S-M

SAFE BOATING-- ,.,

Georgia Boat Safety Act amended

738

SAFE DAMS ACT OF 1978--"

Amended

922

ST. MARYS, CITY OFSeealso Tabular Index--Municipalities-- Home Rule Amendments.

Homestead exemptions, proposed amendment

to the Constitution

2260

ST. MARYS HOSPITAL AUTHORITY, CITY OF-

Member, proposed amendment to the Constitution

2150

SALES AND USE TAXSee also Public Revenue.

Exemptions, blood banks Local Option Sales and Use Tax Act amended Paper stock exemption .,. . ., .t,::

1188 1764
805

'SALES FINANCE ACT-fS

Motor Vehicle Sales Finance Act amended

523

4844

INDEX

SANITARIANS, STATE BOARD OF REGISTERED PROFESSIONAL-

Act amended Board members

1459 49

SAPELO ISLAND-H

Authority of Department of Natural Resources to acquire a

part of Sapelo Island

359

SAVANNAH, CITY OF-- '

Consolidation votes with Chatham County, proposed

amendment to the Constitution

2158

SAVANNAH PORT AUTHORITY-M

Definitions, etc.

380

SCHOOL BUS DRIVERS-H

Sick leave

2001

SCREVEN COUNTY-

Terms of superior court

374

SECRETARY OF STATE-

Copies of laws to Legislative Counsel

644

Employment of compiler of Georgia Laws

88

Study of public notice procedure

1197

SECURED TRANSACTIONS--

Uniform Commercial Code amended

443

SEED DEVELOPMENT ACT-H

Amended

348

SENATE-

Compensation ol members

756

SHERIFFS--

Acts providing lor extra compensation repealed

640

Bonds

495

Liability for misconduct ol jailers

493

Oaths of deputv sherills

527

Sal aru^

550

Salaries in certain counties (145.000-- 165.000)

3723

Salaries in certain counties (180.000^ 190,000)

3600

INDEX

4845

SHERIFFS' RETIREMENT FUND OF GEORGIA ACT;-;, v

Amended Benefits

........ 461 . . . . ....... . . . . ! '. ] 768

SHOEMAKER CARL E.-- ~ Compensation for damages

. . 4559

SILVER-HAIRED LEGISLATURE--

Created ...... '

. . .\

..... 807

SIMMONS, JOHNNY E.^| Compensation for damages'

. .... 4549

SMALL CLAIMS COURffiSffi

Act amended. to certain counties (31,7()()Si2,()00)

(33,'300--34,056)

.

Act creating small claims courts in certain counties

amended (13,635^4,765)

:

Created in certain couptigs (32,300--32,700)

4285 ..... 3194
4045

SMITH, CLIFFORD W,.^B

Land conveyance authorized

1484

SMITH, GEO. L,, WORLD CONGRESS CENTER-

Executive board

1176

Security guards

1043

SMITH, HONORABLE GEORGE T^H Portrait

, L503

SMITH, LEON- -

Leon Smith Bridgedesignated

4544

SMITH, W. B., MEMORIAL BRIDGE--

Designated .

'.

3606

SNELLVILLE, TOWN OF^H

, , Recorder's court

3994

SOIL CLASSIFIERS, BOARD FOR REGISTRATION^

Termination date

1061

SOUTHERN GROWTH POLICIES AGREEMENT ACT-

Amended

473

4846

INDEX

SPALDING COUNTY--^-

Small claims court fees; etc.

3475

SPALDING COUNTY, STATE COURT OF-H

. Terms, juries, etc

.

3048

SPARTAN RADIOCASTING COMPANY-H . Lease of real estate authorized

1490

SPINAL-CORD DISABLED PERSONS-- Registration

1245

STAJEE AGENCIES

Self Insurance Act amended .

399

ItA^te,AGENCY MAILING lists^H

Annual revision

526

STATE ALCOHOMSMi ADVISORY COUNCIL ACT-

Amended

566

STATE BOARD FOR CERTIFICATION OF LIBRARIANS--

Act amend^:*^?c|n!ci.of

489

Membdrsut.

1075

STATE BOARD OF CORRECTIONS-- Funds toCourities-.I . . . . Habitual offenders, etc Possession of Currency, etc. by convicts

470 i . . . . 2002
1095

STATE BOARD OF COSMETOLOGY-

Membership, termination date, etc

1420

STATE BOARD OF DISPENSING OPTICIANS-

Examinations, fees, etc

1101

STATE BOARD OF EDUCATION-H

Schootsfor deaf and.blind

645

STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS-* .

Act amended

1337

STATE BOARD OF NURSING HOMES ACT-

Amended

536

INDEX

4847

STATE BOARD OF PHYSICAL THERAPY-

Act amended

1053

STATE BOARD OF REGISTERED PROFESSIONAL SANITARIANS--

Act amended

1459

Board members

49

STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS^]

Termination date

1061

STATE BOARD OF REGISTRATION OF USED CAR DEALERS-

Act amended

707

STATE BUILDING ADMINISTRATIVE BOARD-111 Transfer of functions, etc

1316

STATE COURTSSee also name of State Court.

Salaries of judges and solicitors in certain counties Cl45,000--165,000)
Salaries of judges and solicitors in certain counties (180,000-- 190,000).' . i . : ....
Service by judges in other state courts

. . . . . 3723 3600 600

STATE DEPARTMENT OF COMMUNITY AFFAIR,S--

Duties, etc. .. .

1316

STATE DEPOSITORY BOARD ACT--- -

Amended

763

STATE EMPLOYEES-

Certain employees exempted from self dealing prohibition

675

Deduction of parking fees and van pool fees from wages

1049

Health insurance for retired employees. .

. . . ,9

Health insurance plan amended

94

Mileage allowance lor state travel . ; .

*. ;*;.{..>.).>350

STATE EMPLOYEES' HEALTH INSURANCE--

Dental coverage, vision eare, etc.

. .

Health maintenance organizations

STATE EXAMINING BOARDS-1 *

Appointments.bv the Governor

-i.-j 4 >

966 965 <o#tftlligilll|-62

4848

INDEX

STATE FORESTRY COMMISSION^ Sale of seedlings, etc.- ...... . .. . ... ...... 'N. . :. . .' 561

STATE INVESTMENTSAuthority of state agencies . .

. . . . 0. v.-.

303

STATE PERSONNEL BOARDvH Health insurance for puhlic;scho,<>] employees . . ....... 1538, <jl541

STATE PROPERTIES COMMISSION'S

Land conveyance's in Fulton, Bartow, Gordon, Whitfield

and Catoosa counties.

,.

1495

STATEPROPERTY--

Purchase, transfer, etc

90

STEPHENS COUNTY-

Small Claims Court

3063

STILLMORE, CITY Op^B

Elections .

4270

STRUCTURAL PEST CONTROL ACT^B

Termination date . . ....

'.

.

1446

STUDENT FINANCE AUTHORITY ACT-H

Enacted

835

STUDENT FINANCE COMMISSION ACT^B

Enacted . . . .

. 835

STATEWIDE PROBATION ACT^B

J Amended

1136

SUBDIVISIONS OF STATE-B

Transactions with employees ....... t :

733

SUBPOENAS^B Witness fees, etc

....'. . .v. . .

70

SUMTER COUNTY-

Compensation of employees ol clerk ol courts

Compensation of tax commissioner

....

.

3384 3386

INDEX

4849

Land conveyance

1192

Small claims court act amended. . . .

3380

SUMTER COUNTY, STATE COURT OF-

Compensation of judge and solicitor

4247

SUPERIOR COURT CLERKSSee also named county.

Salaries

553

Salaries in certain counties (145,000--165,000)

3723

Fees for attendance upon the courts

1045

SUPERIOR COURTS CLERKS'RETIREMENT SYSTEM ACT--tdH

Amended

,

1547

SUPERIOR COURT JUDGES-

Expenses of judge attending educational programs.

596

Law clerks

455

Service by senior judges while nonresidents

458

SUPPLEMENTAL APPROPRIATIONS ACT--

Enacted

.

Offender rehabilitation . .

98 ;.... 7

SYLVESTER, CITY OF:

Homestead exemptions, proposed amendment

to the Constitution

2268

TALBOT COUNTy|M

Deputy sheriffs

3423

TANGIBLE PROPERTY-

Classifications, proposed amendment to the Constitution

2027

TATTNALL COUNTY--

Salary supplements forjudges of superior court and

district attorney

1222

TAX ASSESSMENTS-

Review bv countv board of equalization

1722

TAX ASSESSORS-

4850

INDEX

TAX COLLECTORS^*

Fees in certain counties (190,0004e300,000)

367

Salaries;,.;.

547

TAX COMMISSIONERS- Fees in certain counties (190,0BoO,000) Salaries

3^67 ...... 547

TAYLOR COUNTY-

'r. Coroner's compensation

4455

Homestead exemptions, proposed amendment

to the Constitution

,.2205

TEACHERS-

Health insurance plan for public school teachers

963

TEACHERS, CERTIFIED-- Program, proposed amendment to the Constitution

. 2033

TEACHERS' RETIREMENT SYSTEM ACT-
Amondcd ..................... . Amended, Smum retirement'benefits

;82,8, 1783 1562

TELECOMMUNICATION'S TASK FORCE^B

Created

956

TELEPHONE SERVICE "911" EMERGENCY SERVICE ACT OF 1-977-

Amended

699

TELFAIR COUNTY-

. .Salary etc. of county commissioner

3633

Salary of clerk of superior court

3631

Salary of judge of probate court. ,

3635

Salary of tax commissioner

3637

TENANCY IN COMMON-B

Defined, etc

753

TENN1LE, CITY OF-

Corporatc limits

4307

THIRD-PARTY PRESCRIPTION PROGRAM ACT-1

Enacted

1761

INDEX

485

THOMAS COUNTY-

1979 proposed amendment to the Constitution repealed

2052

THOMAS COUNTY, STATE COURT OF-

Salaries, practice and procedure. .... . . . . .

4278

THOMAS, JR., TOM W.- !

Compensation fof"damages . ;

4558

THOMASTON, CITY OF, BUSINESS DEVELOPMENT AUTHORITYCreated, proposed a'mendment tbt-he Constitution.'. ... ...... 2286

THOMASVILLE, CITY OF-

See Tabular Index--Municipalities--Home Rule Amendments.

THUNDERBOLT, TOWN:OFL||| r Corporate limits, referendum

. 3653

THURMOND, CHARLES

Land conveyance in Hall County

791

TIFT COUNTY-

Additional judge of superior court

680

TIFT COUNTY DEVELOPMENT AUTHORITY^

Land conveyance

.,. . . ,,, 794

TIFT COUNTY TRADE CENTER AUTHORITY ACT-

Enacted :

. .! . . .! . .

4520

TIFTON JUDICIAL CIRCUIT-

Additional judge. .

,. .

. . .

680

fODD, RICHARD ALLEN--

Compensation for damages

4557

TORTS-

Food donations to nonprofit organizations; .

. . . 69

Liability of firemen

1173

Recovery in wrongful death actions

1154

Removal of civil liability when equipment is provided

at no cost during an emergency

. . .

1048

4852

INDEX

TOWNS COUNTY--

Georgia Mountain Fair Authority.

3134

Industrial Development Authority abolished

3133

Taxes for education, proposed amendment to the Constitution . . 2029

Use of fund's by board of education, proposal amendment

to the institution.

2168

TRANSIENT MERCHANT ACT OF GEORGIA--

Enacted

581

TRANSPORTATION, DEPARTMENT OfM(h Criminal prosecutions involving property of department . . . .... . 590

TRENTON, CITY OF^B

Municipal court, etc

4361

TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT-

Amended

1361

TRION, TOWN OF^B

Homestead exemptions, proposed amendment

to the Constitution

2198

TROUP COUNTY-H

Additional judge of superior court

1447

Compensation of board of commissioners

3530

Compensation of named county officers

3372

Coroner's salary

3367

Small claims court judges salary

3369

TROUP COUNTY, STATE COURT OF-

Compensation of judge and solicitor

3376

TRUSTS, DEEDS OF-

Domestic corporations

472

TURNERCOUNTY-

Additional judge of superior court

680

Compensation of board of commissioners

4235

Homestead exemptions, p,rop9%',(,l amendment

to the Constitution

2307

Named officials placed on salary basis . ,

,

4237

TWIGGS COUNTY--

Homestead exemptions, proposed amendment

to the Constitution

2180

INDEX

4853

m-v-m

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS-B

Amended, duty upon striking unattended vehicle

1059

UNIFORM COMMERCIAL CODESecured transactions

443, 1134

UNION CITY, CITY OF-

Homestead exemptions, proposed amendment

to the Constitution

2271

UNION COUNTY HOSPITAL AUTHORITY--

Vacancies. . .

.

3557

UPSON COUNTYCompensation of judge of probate court Fire protection districts School superintendent, referendum

. . ,3590 4127 , 3027

URBAN DEVELOPMENT LAW-B

Amended

1352

URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIESJ||

Amended

556

USED CAR DEALERS' REGISTRATION ACT--f Amended

707, 1286

USURY-B

Interest rates

51

Interest rates on commercial accounts

514

Motor Vehicle Sales Finance Act amended . . .......... 523

Penalty provisions under Georgia Industrial Loan Act

1784

- --v --

VALDOSTA, CITY OF-

Homestead exemptions, proposed amendment

to the Constitution

2273

VAN POOL FEES-H

Deduction of fees from state employees wages

1049

4854

INDEX

VERDICTS--

Judgments without jury verdicts, proposed amendment

to the Constitution. . .

. .

2103

VETERINARY MEDICINE,'STATE BOARD OF-M

Members

. .y . ,y.| t/n, > i; 64

VICTORY TEMPLE H Landjconveyance authored.. . . .

1506

VISUALLY HANDICAPPED' PERSONS "Rights.

1 . . . --! . : . \ . . 1131

-W--

WALKER COUNTY-H

ClerkalfsuperiOr court

.... . .

. ;/3903

Compensation of'proba'tfe court jadrypnnel.'. . .......... i ... i . 3939

Distant attorneys clerical assistance-ST-''.'. . . .

'.I : 'M 179

WALKER COUNTY RURAL WATER AND

- SEWER AUTHORITY ACTJi

Amended

. . .(. , . . , .... . -y r .'iri'i

WALKER COUNTY, STATE COURT^CiF-- JurieS. pfcjcedufe, etSKgES,. i`. . . ..... 3102

WALKER COUNTY WATER Arfo SEWERaCSIaUTHORITY ACT-1 AmendedffTc.G '.' P.` IT ::!:: : '.' ::.... . :. .':::. P.u. . i 4071

WALLIS, H. W., ESTATE OF-B Land conveyance in Hall County

. . ;. 791

WALTON COUNTYJffl

Compensation of judges of superior court

498

Superior coI5Yt terms. ,

/

362

WARE COUNTY^H Homestead exemptions, proposed amendment to the Constitution

mP '.... 2299

WAREHOUSES, BONDED Code Chapter 111-1 repealed

639

INDEX

4855

WARM SPRINGS FOUNDATION--

Land conveyance authorized

815

WARM SPRINGS MEMORIAL COMMISSjC^B

Transfer of functions

vy .'v. ,5-93

WARNER ROBINS, CITY OF-M See Tabular Index--Municipalitie^=Home Rule Amendments.

Municipal court fine^gi./'y. . .

. 4189

WASHINGTON COUNTY^H

Compensation of-sheriffs secretari^^PfL. . .V

3508

WATER-

Fluoridation of potable water supplies in certain

counties (100,000-- 160,000)

4343

WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACTAmended Members

304 . . f. 63

WATER WELL STANDARDS ADVISORY COUNCIL-H Members SMScfealsIj-ps'. . .':f , .. , . . .'. . . . ' 52

WAYCRQSS, CITY OF-

Homestead exemptions, proposed amendment

the Constitution

2301

WAYCROSS PUBLIOI^CILITIES AUTHORITY ACT-

Enacted

,4502,

WAYNE COUNTY-

Additional judge of superior court

, ,

Compensation, etc. of clerk of superior court

Homestead exemptions, proposed amendment

to the Constitution

,....' 959 3805
2109

WESTERN JUDICIAL CIRCUITTerms

, . . .,. . . j355

WHITE COUNTY--

Homestead exemptions, proposed amendment,

to the Constitution

!

2252

Salaries of official court reporters

369

4856

INDEX

WHITFIELD COUNTY--

See also Tabular Index--County Matters--Home Rule Actions.

Compensation of'clerk of superior court and probate judge .... 3058

Deputy coroner . . . ;

. . . ... f. . .

3698

WILCOX COUNTY-

Additional judge of superior court ......; Terms of superior court

; . 121,2 687

WILLACOOCHEE, CITY OF-M

Charter amended

. . .

3941

WINES--

Control and taxation within boundaries of airports

501

Manufacture and sale regulated

1561

Sale by the drink on Sundays in certain counties

(200,000B600,000) (350,000--550,000)

. . . . 3661

WISSING, DONALD R.-

Compensation for damages

4548

WITNESSES-- Fees, etc
WORKERS4 COMPENSATION ACTAmended, group self insurance Employer defined, etc

70 1686 1145

WORLD CONGRESS CENTER--wJ Executive Board Security guards

1176 1043

WORTH COUNTY^H Additional judge of superior court Homestead exemptions, proposed amendment to the Constitution

680 /........ 2263

WRONGFUL DEATH ACTIONS-

Who may recover, etc

1154

-zM

ZOOS, PUBLIC--

Contracts for the operation of pu,blic zoos in certain municipalities

(more than 300,000)

3734

INDEX

485B1

County Appling Atkinson Bacon Baker Baldwin

POPULATION OF GEORGIA COUNTIES

1970 12,726 5,879 8,233 3,875 34,240

1960 13,246 6,188 8,359 4,543 34,064

1950 14,003 7,362 8,940 5,952 29,706

1950 14.497 7,093 8,096 7,344 24,190

I960 13,314 6.894 7,056 7,818 22,878

I960 10,594 7,656 6,460 8,298 19,791

Banks Barrow Bartow Ben Hill Berrien

6,833 16,859 32,911 13,171 11,556

6,497 14,485 28,267 13,633 12,038

6,935 13,115 27,370 14,879 13,966

8,733 13,064 25,283 14,523 16,370

9,703 12,401 25,364 13,047 14,646

11,814 13,188 24,527 14,599 15,573

Bibb Bleckley Brantley BBrroyoakns

143,366 10,291 5,940 13,743 6,539

141,249 9,642 5,891 15,292 6,226

114,079 9,218 6,387 18,169 5,965

83,783 9,655 6,871 20.497 6,288

77,042 9,133 6.895 21,330 5,952

71,304 10,532 24,538 6,343

Bulloch Burke Butts Calhoun Camden

31,585 18,255 10,560 6,606 11,334

24,263 20,596 8,976 7,341 9,975

24,740 23,458 9,079 8,578 7,322

26,010 26,520 9,182 10,438 5,910

26,509 29,224 9,345 10,676 6,338

26,133 30,836 12,327 10,225 6,969

Campbell Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke

6,412 45.404 28,271 5,680 187,816 25,813 20,541 31,059 65,177

6,672 36,451 21,101 5,313 188,299 13,011 19,954 23,001 45,363

8,063 34,112 15,146 4,821 151,481 12,149 21,197 20,760 36,550

9,903 9,103 8,991 34,166 34.272 12,199 9,421 5,256 4,381 117,970 I 105,431 15,138 8,894 18,532 15.407 20,126 20,003 28,398 25,613

11,709 9,228 34,752 6,677 4,536 100,032 5,266 14,312 18,569 26,111

Clay Clayton Clinch Cobb Coffee

3,636 986,,142065 196,793 22,828

4,551 46,365 6,545 114,174 21,953

5,844 22,872 6,007 61,830 23,961

7,064 11,655 6,437 38,272 21,641

6,943 10,260 7,015 35.408 19,739

5,557 11,159 7,984 30,437 18,653

Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early

3222,,239287 12,129 32.310 5,748 18,087 9,910 3,639 22.310 415,387 15.658 10.404 89,639 28.659 12,682

34,048 13,423 11,822 28,893 5,816 17,768 8,666 3,590 25,203 256,782 16,483 11,474 75,680 16,741 13,151

33,999 9,525 12,201 27,786 6,080 17,663 7,364 3,712 23,620 136,395 17,866 14,159 43,617 12,173 17,413 |

33,012 9,433 11,919 26,972 7,128 17,540 5,894 4,479 22,234 86,942 | 21,022 | 16,886 | 28,565 10,053 | 18,679 |

30.622 i 8,793 11,311 25,127 7,020 17,343 | 4,146 3,502 23.622 | 70,278 21,599 | 18,026 | 22,306 I 9,461 | 18.273

29,332 11,718 11,180 29,047 8,893 18,914 3,918 4,204 31,785 44,051 22,540 20,522 20.063 10,477 18,983

4858
County Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin McDuffie McIntosh Macon Madison Marion Meriwether

INDEX

I

1970 | 1,924 | 13,632 | 17,262 | 187.,325970 ||

1960 | 1,876 | 10,144 | 17,835 | 17,815 | 6,952 |

1950 2,494 9,133 18,585 19,789 6,653

13.357 | 11,364 | 73,742 |

13,620 8,199 | 69,130 I

15,192 7,978 62,899

I

16,928 I 12,784 |

12,170 | 13,274 |

11,005 14,446

605,210 8,956 2,280

| | |

556,326 8,922

| I |

473,572 9,963

2,672 |< 3,579

50,528 | 23,570 |

41,954 | 19.228 I

29,046 18,922

17,826 | 18,015 I 18,928

10,212 | 11,193 I 12,843

72,349 | 43,541 I 32,320

20,691 | 59,405 |

18,116 I 49,739 |

16,553 40,113

9,019 I 9,979 | 11,052

15,927 | 14,543 | 14,663

11,520 I 15,814 |

11,167 15.229 |

11,265 14,495

5,354 | 5,333 j 6,976

23,724 I 62,924 I 8,036 I 21,093 I 5,760 I 9,425 I 17,174 I

17,619 39,154 | 9,211 | 18,499 | 86,,911345|| 17,468 |

15,857 20,964 11,973 18,997 7,473 9,299 18,855

8,332 I 7.727 I

9,148 | 10,264 8,048 | 9,893

12,270 I 8,468 | 7,538

10,688 | 10,240 |I 10,242

5,031 | 5,097 j 5,151

32,738 | 32,313 | 33,123

7,044 | 6,204 | 6,674

17,569 | 14,487 f 8,444

5,895 | 5,906 | 6,462

3,746 | 55,112 | 8.728 |

3,874 49,270 | 7,241

3,598 35,211 6,574

15,276 | 12,627 | 11,443

7,371 | 12,933 |

6,364 | | 13,170

6,008 14,213

13,517 5,099 I 19,461 |

11,246 | 5,477 | 19,756 |

12,238 6,521 21,055

19i0 | 2,964 | 9,646 | 19,618 |

I960 |

2,744 10,164

| |

18,485 |

1920 3,313 9,985 23,905

23,517 | 7,401 |

24,101 i 7.102 |

25,862 6,594

14,752 |I 8,170 | 56,141 | 11,322 | 15,612 |

12,969 8,665

| |

48,677 |

10,624 |

15,902

12,103 11,396 39,841 11,755 19,957

392,886 jI 318,587 9,001 | 7,344 4,547 | 4,388 21,920 19,400 18,446 | 16,846

232,606 8,406 4,192 19,370 17,736

19,654 |I 13,709 | 29,087 | 14,771 | 34,822 |

19,200 12,616 27,853 12,748 30,313

20,306 18,972 30.327 10,730 26,822

12,764 Ij 13,070

14,377 | 13,263

11,428 I 15,512 |

11,140 15,174

18,357 14,440 15,775 17,944

8,610 j 9.102 11,126

15,119 I| 15,924 11,303 | 11,280

20,420 21,964

12,936 | 12,199 12,670

20,089 | 21,609 8,772 | 8,594

24,654 16,362

8,841 |I 20,040 |

8,118 20,727

7,322 22,602

11,843 | 12,908

12,953 8,331 I

12,681 8,992

14.328 13,546 13,269

10,091 |I 9,745

5,632 | 5,190

33,606 | 32,693 7,837 | 8,328 8,595 | 8,153

39,605 10,904 12,707

7,042 | 4,086 | 31,860 | 6,223 | 10,878 || 5,292 | 15,947 | 13,431 | 6,954 | 22,055 |

7,847 4,180 29,994 4,927 9,014 | 5,763 |I 16,643 | 14,921 | 6,968 | 22,437, j

9,739 26,521 5,240 11,509 5,119 17,667 18,803 7,604 26,168

County Miller Milton Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce PiKe Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair TerrellThomas Tift Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker Walton Ware

INDEX

4859

1970 H 1960 [ 1950

168M ,,492546

| i |

10,991 |

6,908 1 19,652 | 10,495 t

9,023 22,528 | 10,523 |

6,099 | 6,284 I 7,901 |

9,904 |I 10,280 | 11,899 |

12,986 1 10,447 I 10,676 |

167,377 | 158,623 | 118,028 |

26,282 f 20,999 1 20,185 |

7,915 f 6,304 7,009 j

19iO | 9,998 | 23,261 1 10,749 | 9,668 | 12,713 I 11,137 | 75,494 | 18,576 | 7,576 |

1930 9,076 6,730 23,620 11,606 10,020 12.488 9,215 57,558 17.290 8,082

7,598 | 7,926 9,958 12,430 | 12,927

17,520 | 13,101 | 11,752 | 12,832 | 12,327

15,990 |. 13,846 1 11,705 | 10,378 | 10,268

9,620 ,j! 8,903 I 8,855 I 9,136 | 9,687

9,281 9,678 11,112 11,800 |i 12,522

7,316 29,656 8,066 8,394 2,180 8,327 8,734 162,437 18,152 3,097

i N P [I |

7,138 i 28,015 | 8,204 I 7,798 | 2,432 1

I 0 I 1 1

7H,45U6 I 11,078 L 135,601 10,572 | 3,256 I

8,459 30,976 8,808 7,731 3,015 7,424 13,804 108,876 8,464 4,036

I [' 1 1 | I | | 1 |,

10,375 I 28,467 | 9,829 | 8,514 | 3,435 | 7,821 I| 16,609 | 81,863 | 7,724 | 5,033 |

10,853 25,141 9,005 8,367 3,820 6,331 17,174 72,990 7,247 5,347

12,591 7.059 39,514 20,331 6,511

H 1 | I |

14,919 6,802 35,404 18,391 7,371

| | |, | |

18,000 I 20,353 |

7,904 I* 8,492 |

31,045 | 16,647 |

28,427 | 12,972 |

9,194 | 10,603 |

20,503 7,389 23,495 11,740 11,114

26,93u 1 R 6,625 I 2,423 I 16.557 I 7.865 f, 11.394 |

24,65H2. Ij

7,127 |

3,370) |!

15,837. |

8,311

| n

11,715 |j

24,20H 8 | 7,687 | 4,515 | 15,939 [ 9,113 | 13,221 |I

11,416 34,562 I

12,742 | 14,314 | 34,319 |: 33,932 |

24,50H2 I| 26,800 8,141''T 8,458 6,278 1 6,172 16,243 | 15,411 10,768 | 10,617 15,145|fl 14,997 16,67511 18.290 31,289 j 32,612

27,288 1 23,487 |

194H,,1556H15 1||

16,837' 4,538 I|

5,647 44,466

|

5,874 47,189

j

8,790 | 8,439 |

8,222 I 7,935 |

22,645 | 17,382 I 4,803 6,522 | 49,841 j 10,479 | 8,308 |

18,599|| 16,952 j

16,068 17,165

4,92S5SIi 4,346

7.632BH 43,879 |

7.488 36,752

10,84611 11,196

9,117iB 8,372

6,811 6,51H0 I| 7,318 |

23,505 23,800 25,078 |

50,691 45,264 | 23,404 1 20,481

38,198 | 20,230 |

33,525 | 34,219 I 30,289 |

7,680 |I 25,064 | 31,024 | 20,777 j 27,929 |

6,340 19,509 26,206 21,118 26,558

1920 9,565 6,885 25,588 20,138 9,167 20,143 9,490 44,195 21,680 11,067 20,287 14,025 8,222 11,934 21,212 20,357 11,587 15,151 3,417 5,746 16,721 63,692 9,521 5,243 23,552 2U908 11.215 12,089 29,640 11,158 8,841 14,502 11,473 15,291 19,601 33,044 14,493 13,897 3,937 7,664 36,097 12,466 10,407 6,455 14,786 23,370 24.216 28,361

4860

INDEX

County Warren Washington Wayne Webster Wheeler White Whitfield Wilcox W ilkes Wilkinson Worth

1970 Lj 6,669 j 17,480 i 17,858 ! 2,362 j 4,596 | 7,742 I| 55,108 | 6,998 j 10,184 | 9,393 | 14,770 |

1960 | 7,360 | 18,903 | 17,921 | 3,247 I 5,342 | 6,935 | 42,109 | 7,905 | 10,961 | 9,250 | 16,682 I

1950 8,779 21,012 14,248 4,081 6,712 5,951 | 34,432 I 10,167 | 12,388 | 9,781 | 19,357 |

1950 | 10,236 | 24,230 | 13,122 | 4,726 | 8,536 i 6,417 I 26,105 | 12,755 | 15,084 | 11,025 | 21,374 I

1930 | 11,181 | 25,030 | 12,647 | 5,032 | 9,149 I 6,056 |I 20,808 | 13,439 | 15,944 i 10,844 | 21,094 |

19 90 11,828 28,147 14,381 5,342 9,817 6,105 16,897 15,511 24,210 11,376 23,863

Total | 4,589,575 i 3,943,116 | 3,444,578 | 3,123,723 | 2,908,506 | 2,895,832

POPULATION NUMERICALLY LISTED ACCORDING TO 1970 CENSUS

County Echols Quitman Glascock Webster Taliaferro Schley Clay Dawson Long Baker Towns Wheeler Lanier Marion Heard Treutlen Charlton Crawford Jasper Atkinson Lincoln Brantley Montgomery Clinch Candler Miller Stewart Bryan Calhoun Talbot Warren Union Banks Wilcox Lee Seminole Evans Pike McIntosh Oglethorpe Johnson White Taylor

Population County

1,924 2,180 2,280

Oconee Irwin Pulaski

2,362 Twiggs

2,423 3,097 3,636 J" LX. 3,639 - 3,746

Bacon Rabun Jenkins Putnam . ._ Lumpkin

...

3,875 4,565 4,596 5,031 5,099 5,354 5,647 5,680 5,748 5,760

Randolph .... Turner Gilmer Hancock Pierce Wilkinson Jeff Davis Pickens Morgan Dade

5,879 Wilkes

..

5,895 5,940 6,099 6,405 6,412 6,424 6,511 6,639 6,606 6,625 6,669

Greene .. . Bleckley Dooly Butts Lamar Monroe Camden Fayette Telfair Terrell Harris

.... 6,811 6,833

Berrien Cook

6,998 Jones

7,044 Screven

7,059 Early

7,290 Appling

7,316 7,371

Franklin Macon

7,598 Murray

7,727 Ben Hill

7,742 Fannin

7,865 Madison

Population 7,915
. 8,036 8,066 8,222 8,233 8,327 8,332 8,394
...: 8,728 .... 8,734
8,790 8,956 9,019 ....... 9,281 9,393 9,425 9,620 9,904 9,110 10,184 10,212 10,291 10,404 10,560 10,688 10,991 11,334 11,364 11,394 11,416 ... 11,520 11,556 12,129 12,270 12,591 12,682 12,726 12,784 12,933 12,986 13,171 13,357 13,617

INDEX

County

Population

Effingham -

13,632

Brooks

............ 13,743

Worth

14,770

McDuffie

.-Hi 16,276

Dodge .1. J SHE: 15,658

Hart .E-.BHBB

15,814

Haralson

15,927

Peach

jSIL 16,990

Tattnall

16,557

Barrow

16,859

Forsyth

16,928

Jefferson

. 17,174

Elbert 17,262

Washington

17,480

Paulding

1_.

17,520

Liberty

17,569

Grady

-fML 17,826

Wayne

17,858

Crisp

18,087

Rockdale SEMI " 18,152

Burke

18,255

Emanuel

JjL-j. 18,357

Mitchell

18,956

Toombs

19,151

Meriwether

19,461

Stephens

: 20,331

Chattooga -

20,541

Habersham

20,691

Jackson

21,093

Decatur

-- 22,310

Columbia

22,327

Coffee

22,828

Walton -

23,404

Upson

:J- 23,505

Gordon

23,570

Henry

..

23,724

Chattahoochee

25,813

County Newton Sumter _ Tift Catoosa Douglas Polk .... Cherokee .. Bulloch Colquitt Coweta . .. Laurens Bartow .... Ware Baldwin .... Thomas Spalding . Troup jiii Carroll ... Glynn Walker Whitfield Lowndes .. Hall Houston . Clarke Gwinnett . Floyd Dougherty Clayton Bibb Richmond Muscogee Chatham _. Cobb DeKalb ... Fulton
Total ...

4861

Population

26,282

26,931

27,288

28,271

28,659

29,656

31,059

j 31,585

32,298

32,310

32,738

32,911

33,525

34,240

34,562

39,514



....j

44,466 45,404

50,528

50,691

SsL- 65,108

55,112

59,405

62,924

65,177

72,349

73,742

89,639

98,126

143,366

162,437

167,377

187,816

196,793

415,387

605,210

...4,589,575

4862 MEMBERS OF THE GENERAL ASSEMBLY

COUNTY Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd

GEORGIA STATE SENATE

SDenisattroircital 4, 7 7 7 10 25 47
45, 48 31,52
13 8 26, 27 19 6 9,10 3 4 21 17 11 6 4 30 54 7 1,2,3 11 63 51 46 11 28, 44 7 32, 33,56 8,19 9 24 8 28, 30 17 13 53 50 10 5, 41-43, 55 19 13 12,14 30,31 11 7 3 47 21 4 50 28, 34 52

County Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike

SDenisattroircital 49,51
47 34-40, 56
50 21 3,6 51 10 24 48 50 49 25 31 29 47 29 17,28 18 13 46, 49 25 19 21 21 20 25 17 7 20 14 3 24 3,6 8 50 14,18 24, 47 14 24 3 29 11 9 27 20 25, 45 54 15,16 45 46 24 31,56 18 51 7 17

MEMBERS OF THE GENERAL ASSEMBLY 4863

County Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift

GEORGIA STATE SENATE

SDenisattroircital

County Toombs Towns Treutlen Troup Turner TUwniiogngs Upson W alker Walton Ware W arren W ashington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth

SDenisattroircital

4864 MEMBERS OF THE GENERAL ASSEMBLY
SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO
NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1979-1980

Name

District Address

Allgood, Thomas F. M Ballard, W. D. "Don"

Barker, Ed -

H 4.

Barnes, Roy E. _ Bell, Robert H. "Bob" Hi Bond, Julian Brantley, Haskew H., Jr. ... Broun, Paul C Brown, M. Parks Bryant, Glenn E Carter, Hugh A Cobb, Kyle T Coverdell, Paul D Dean, Nathan Eldridge, Frank, Jr English, Bill Evans, Todd Fincher, Dan H. Fincher, W. W. (Bill), Jr. Foster, John C.

22nd -45th
-18th
- 33rd - 5th , 39th . 56th - 46th - 47th...
3rd ..14th . 28th -40th .31st
7th , 21st ..37th .52nd -54th ..50th

P.O. Box 1523
Augusta 30903 Home: 405 Haygood St.
Oxford 30267 Office: 1122 Monticello St. Covington 30209 244 Peachtree Cir.
P.O. Box KK Warner Robins 31093 639 Maran Lane Mableton 30059 2535 Henderson Mill Rd., N.E. Atlanta 30345 361 Westview Dr., S.W.
Atlanta 30310 6114 Riverside Dr., N.W.
Atlanta 30328 165 Pulaski St.
Athens 30601 P.O. Box 37
Hartwell 30643 P.O. Box 585 Hinesville 31313 P.O. Box 99
Plains 31780 1504 Kalamazoo Drive
Griffin 30223 Suite 607, 1447 Peachtree
St., N.E., Atlanta 30309 Box 606 Rockmart 30153 P.O. Box 1968
Waycross 31501 P.O. Box 521 Swainsboro 30401 P.O. Box 8276, Station F
Atlanta 30306 Rt. 10, Horseleg Creek Rd.
Rome 30161 615 Green Rd. Chatsworth 30705 Box 100
Cornelia 30531

MEMBERS OF THE GENERAL ASSEMBLY 4865

Name Garner, Wayne
Gillis, Hugh M., Sr Greene, Richard L

Hill, Render

Holloway, A1 --

Horton, Janice

Howard, Pierre

Hudgins, Floyd

--

Hudson, Perry J

j

Johnson, Edward H. (Ed)

Kennedy, Joseph E.

Kidd, Culver

Land, Ted J

Langford, James Beverly

Lester, Jimmy ...

Littlefield, B ill''----

McGill, Sam P Overby, Howard T Paulk, James L. (Jimmy) Reynolds, Steve Riley, John R Robinson, W. Lee ..... Russell, Henry P., Jr Scott, Thomas R. (Tom) .

District Address
..30th Route 9, Forest Rd. Carrollton 30117
.20th.,,. Soperton 30457 .26th Suite 517
First National Bank Bldg. Macon 31201 -29th P.O. Box 246 Greenville 30222 .12th P.O. Box 588 Albany 31702 .17th 430 Burke Circle McDonough 30253 42nd 600 First Nat Bank Bldg. Decatur 30030 15th P.O. Box 12127 Columbus 31907 .35th 3380 Old Jonesboro Road, Hapeville 30354 34th 506 Locke St. Palmetto 30268 --4th P.O. Box 246 Claxton 30417 25th P.O. Box 370 Milledgeville 31061 -16th 3736 Woodruff Rd. Columbus 31904 ..51st P.O. Box 277 Calhoun 30701 .23rd 1st Federal Bldg. 985 Broad St. Augusta 30902 ...6th First Federal Plaza, Suite 404, 777 Gloucester St. Brunswick 31520 24th Washington 30673 -49th...L?. 1173 Riverside Dr., N.E. Gainesville 30501 _13th.Jl_ P.O. Box M Fitzgerald 31750 48th 297 Craig Dr. Lawrenceville 30245 --1st P.O. Box 9641 Savannah 31402 ..27th 864 Winchester Circle Macon 31210 ..10th Route 1 Boston 31626 .43rd 2887 Alameda Trail Decatur 30034

4866 MEMBERS OF THE GENERAL ASSEMBLY

Name Starr, Terrell A.

District 44th

Stephens, Jack L.

36th.

Stumbaugh, Lawrence (Bud) ...,55th

Summers, E. G

53rd

Sutton, Franklin

9th

Tate, Dr. Horace E

38th

Thompson, Joe -

--,32nd

Timmons, Jimmy Hodge

11th

Turner, Loyce W

8th

Tysinger, James W. (Jim) 41st

Walker, James Ronald

"Ronnie"

19th

Wessels, Charles H.

2nd

Address
4766 Tanglewood Lane Forest Park 30050 2484 Macon Dr., Atlanta 30315 1071 Yemassee Trail Stone Mountain 30083 P.O. Box 499 LaFayette 30728 Route 1 Norman Park 31771 621 Lilia Dr., S.W. Atlanta 30310 P.O. Box 1045 Smyrna 30080 132 Woodlawn Blakely 31723 608 Howellbrook Dr. Valdosta 31601 3781 Watkins Place, N.E. Atlanta 30319
Sweet Gum Rd., P.O. Box 461 McRae 31055 P.O. Box 8002 Savannah 31412

MEMBERS OF THE GENERAL ASSEMBLY 4867

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1979-1980

District

Name

Address

1-- 2-- 3-- 4-- 5--
6--
7-- 8-- 9-- 10-- 11-- 12-- 13-- 14-- 15-- 16-- 13--Janice Horton 18--
19--
20-- 21-- 22-- 23--
24-- 25-- 26--
27-- 28-- 29-- 30-- 31-- 32-- 33-- 34-- 35-- 36-- 37-- 38-- 39--

John R. Riley

P

Charles H. Wessels

P

Glenn E. Bryant

P

Joseph E. Kennedy

Robert H. "Bob" Bell

253

Atlanta 30345

Bill Littlefield

F

777 Gloucester St., Brunswick 31520

Frank Eldridge, Jr

P

Loyce W. Turner

608 Ho

Franklin Sutton

Henry P. Russell, Jr.

Jimmy Hodge Timmons ... 132 Sout

A1 Holloway

i^i

Janice Horton

430 Bur

Hugh A. Carter

Floyd Hudgins

.--.P.

Ted J. Land

3736 W

430 Burke Circle, McDonough 30253

Ed Barker

P.O

Warner Robins 31093

James Ronald "Ronnie" Walker --

McRae 31055

Hugh M. Gillis, Sr. -_Li

Bill English

it.- P.

Thomas F. Allgood

P

Jimmy Lester

Firs

Augusta 30902

Sam P. McGill

IjjlJL.

Culver Kidd

P.O

Richard L. Greene

Suite 5

Macon 31201

W. Lee Robinson

864

Kyle T. Cobb

.1504

Render Hill

Wayne Garner

Route 9

Nathan Dean

Joe Thompson

Roy E. Barnes

639

Edward H. (Ed) Johnson

Perry J. Hudson 3380 Old J

Jack L. Stephens

2

Todd Evans |M* P.O. Box

Dr. Horace E. Tate

621

Julian Bond

...361 Wes

4868 MEMBERS OF THE GENERAL ASSEMBLY

District

Name

Address

40--

Paul D. Coverdell

Suite 607 -1447 P

Atlanta 30309

41--

James W. (Jim) Tysinger

3781

Atlanta 30319

42--

Pierre Howard .600 First National Bank B

43--

Thomas R. (Tom) Scott 2887 Alameda

44--

Terrell A. Starr - 4766 Tanglewood Lane,

45--

W. D. "Don" Ballard

-- 405 Haygood

46--

Paul C. Broun

165 Pulaski

47--

M. Parks Brown

P.O. Box

48--

Steve Reynolds

297 Craig Dr., L

49--

Howard T. Overby .... 1173 Riverside Dr., N.E

50--

John C. Foster

Box 1

51--

James Beverly Langford

P.O. Box 2

52--

Dan H. Fincher

Rt. 10, Horseleg Cree

53--

E. G. Summers

P.O. Box 499

54--

W. W. | Bill) Fincher, Jr. 615 Greene Rd.,

55--

Lawrence (Bud) Stumbaugh

_-107

Stone Mountain 30083

56--

Haskew H. Brantley, Jr.

6114 R

Atlanta 30328

MEMBERS OF THE GENERAL ASSEMBLY 4869

GEORGIA HOUSE OF REPRESENTATIVES

County Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Camden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty DEaorulgylas Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd

DHiostursiect 138 150 152 131 108,109 10,12 12,61, 64 7,8 137 146 99-104 117 138.152 147 107 81, 82 82,83 78 130,131,140 152 107 66 2,3 151 122-129 110,111
5 8 62, 63,64 130 72 150 19, 20,21 137.152 144,145 77 146 67, 68,71 98 135,136 1,5 8 141 44-58 118 135 131-134 65,66 140 147 129 13 106,107 107 4 71,72 14,15,16

County Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene Gwinnett Habersham Hall Hancock Haralson Harris Hart Heard Henry Houston Irwin Jackson J asper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike

DHiostursiect 9 13
22-43 4
105 153,154
7 141,142 13.112 59, 60,61
11 9 112 18 91 13 66,68 73 113,114,115 137 12 80.112 138 83.84 106 105,106 80 78 149 118,119 133 139 76 121,139 147,148,149 4 98,115 13 110 77.84 139 70 140 144 80 120 75.112 3 91-97 74 13,64 13 18,19,21 98.113 8 138,152 78,79

4870 MEMBERS OF THE GENERAL ASSEMBLY

GEORGIA HOUSE OF REPRESENTATIVES

County Polk Pulaski Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Sthepens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift

DHiostursicet 16,17 117 109 111
4 130 84-90 57 115 81,82 140,141 71 10 111 111,116 70 76 107,121 110 118,138 130 142,143 146

County Toombs Towns Treutlen Troup Turner Twiggs Union Upson Walker W alton Ware Warren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth

DHiostursiect 120,121
4 120 68, 69 136,137 103
4 79 1, 5,6 75 150,151 76 105 138 111 120 4,11 3,6 117 76 108 136

MEMBERS OF THE GENERAL ASSEMBLY 4871

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1979-1980

Name

District

Address

Adams, G. D. --

. 36

532 St. Johns Ave., S.W.

Atlanta 30315

Adams, Marvin

..79

709 Greenwood Road

Thomaston 30286

Anderson, Wendell T., Sr. --.8-Post 3 Route 4

Canton 30114

Argo, Bob

.63

P.O. Box 509

Athens 30603

Auten, Dean G

154

628 King Cotton Row

Brunswick 31520

Balkcom, Ralph J. ....

140

Route 1

Bargeron, Emory E.

Blakely 31723 ...83 JL.801 Walnut St.
P.O. Box #447

Louisville 30434

Battle, Joseph A.

124

2308 Ranchland Drive

Savannah 31404

Baugh, Wilbur Edwin

108 -- -- Box 926 - Gordon Road

Milledgeville 31061

Beal, Alveda King

.. 28 L::r_-385 Pine St., N.E.

Atlanta 30308

Beck, James M.

.148

----2427 Westwood Drive

Valdosta 31601

Benefield, Jimmy D. ... ..72-Post 2 -8L Home: 6656 Morning

Dove Place

Jonesboro 30236

Bus: Amoco Oil Co.

P.O. Box 5077

Atlanta 30302

Birdsong, Kenneth (Ken) W. .103

-820 Gray Hwy. Macon 31201

Bishop, Sanford D., Jr

... 94

--1214 1st Avenue,

Suite 540, P.O. Box 709

Columbus 31902

Bolster, Paul

...30

1043 Ormewood Ave.,

S.E., Atlanta 30316

Bostick, Henry

146-Post 1 P.O. Box 94

Tifton 31794

Branch, Paul S., Jr. ....

137

P.O. Box 99

Fitzgerald 31750

Bray, Claude A., Jr.

...70

617 Mayes Way

Manchester 31816

4872 MEMBERS OF THE GENERAL ASSEMBLY

Name Buck, Thomas B., Ill

District 95

Burruss, A. L. (Al) _____

21-Post 2

Burton, Joe

f 47 _

Canty, Mrs. Henrietta Mathis ....38

Carnes, Charles L

43-Post 1

Carrell, Bobby

I 75

Cason, Gary C j 1

96

Castleberry, Don

Ill

Chamblin, Richard

73

Chance, George

129

Cheeks, Donald E. r

... 89

Childers, E. M. (Buddy)

15

Childs, Mrs. Mobley (Peggy) 51

Clark, Betty J

55

Clark, Louie Max

13-Post 1

Clifton, A. D prffstr

107

Clifton, Thomas B. (Tommy),

Jr

j--

121

Colbert, Luther S

23

Coleman, Terry L

118

Collins, Marcus E., Sr.

144

Colwell, Carlton

4-Post 1

Connell, Jack .....

87

Address
-P.O. Box 196 Columbus 31902 . P.O. Box 6338-A Marietta 30065 .2598 Woodwardia Road, N.E. Atlanta 30345 .2211 Cascade Rd., S.W. Atlanta 30311 . 1079 Spring St., N.W. Atlanta 30309 _ P.O. Box 690 Monroe 30655 ..3128 College Dr. Columbus 31907 -P.O. Box 377 Richland 31825 .630 North Henry Blvd. Stockbridge 30281 P.O. Box 373 Springfield 31329 .714 Westminster Court Augusta 30909 .15 Kirkwood St. Rome 30161 .520 Westchester Dr. Decatur 30030 P.O. Box 17852 Atlanta 30316 -RFD #2 Danielsville 30633 ..Route 2 Metter 30439
P.O. Box 660 Lyons 30436
. 140 Calais Court Roscwell 30075
1201 Fourth Ave. Eastman 31023
Route 1 Pelham 31779
P.O. Box 6 Blairsville 30512 P.O. Box 308 Augusta 30903 Res.: 706 Montrose Ct. Augusta 30904

MEMBERS OF THE GENERAL ASSEMBLY 4873

Name Cooper, Bill

District ,.19-Post 3

Cox, Walter E

_i

141 .....

Crosby, Tom, Jr

... 150 <_

Crawford, John G. ~gfe3. Lgj&s

Culpepper, Bryant

---- 98

Daniel, G. F. (Danny), Jr

Daugherty, J. C., Sr -- . 33

Davis, Burl

.99.

Dean, Douglas C

. .29

Dent, R. A.

...I -L ..85-----,

Dixon, Harry D. L$fll9j 1 151

Dover, William J. (Bill) __2E -11

Edwards, Ward

_ 110

Elliott, Ewell (Hank), Jr. ...49 -

Evans, Warren D.

...84

Felton, Mrs. Dorothy

- ...22__

Fortune, James R. (Jim), Jr. -71-Post 1.

Foster, R. L.

.....6-Post 2

Fuller, Ken

--~L L ...16,,.;.:.:.,:..

Galer, Mary Jane

...97 ....

Gammage, Lynn ...--..1

...17 ...

Gignilliat, Arthur M., Jr. .122 ............

Glover, Mildred BaMl

...32

Address
2432 Powder Springs Rd., Marietta 30064 202 West St. Bainbridge 31717 705 Wacona Dr. Waycross 31501 Rural Rte. 1, Box 404 Lyerly 30730 Quail Hollow Fort Valley 31030 803 Johns Road Augusta 30904 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Law Plaza 740 Mulberry St. Macon 31201 356 Arthur St., S.W. Atlanta 30310 1120 Pine Street Augusta 30901 1303 Coral Road Waycross 31501 "Timbrook" Hollywood 30523 P.O. Box 146 Butler 31006 411 Decatur Fed. Bldg., Decatur 30030 P.O. Box 539 Thomson 30824 .465 Tanacrest Drive, N.W., Atlanta 30328 P.O. Box 116 Griffin 30224 4899 Tibbs Bridge Rd., S.E., Dalton 30720
.5 Lenox Circle Rome 30161
.7236 Lullwater Rd., Columbus 31904
. 106 N. College St. Cedartown 30125
.36 Althea Pkwy. Savannah 31405
.672 Beckwith St., S.W. Atlanta 30314

4874 MEMBERS OF THE GENERAL ASSEMBLY

Name Greene, Joel R

District ......138-Post 2

Greer, John W.

43-Post 3

Ham, Benson

80.--

Hamilton, Mrs. Grace T.

31

Hanner, Bob

130 - -

Harris, Joe Frank

8-Post 1

Harrison, Carl

20-Post 2

Hasty, William G. "Bill", Jr. J 8-Post 2

Hatcher, Charles

131

Hawkins, John

50

Hays, Forest, Jr

1-Post 2

Hill, Bobby L. Holmes, Bob Horne, Frank Housley, Eugene (Gene) Hutchinson, R. S. "Dick" Irvin, Jack Isakson, Johnny Jackson, Jerry D Jackson, William S. (Bill) Jessup, Ben Johnson, Gerald L. Johnson, Philip A.

.127... 39 104 21-Post 1 133 10 ...20-Post 1 9-Post 3 77 117 66-Post 1 .74

Address
P.0. Box 907 Jesup 31545 802 Healey Bldg. Atlanta 30303 20 E. Main St. Forsyth 31029 582 University PL, N.W., Atlanta 30314 Route 1 Parrott 31777 712 West Avenue Cartersville 30120 P.O. Box 1374 Marietta 30060 R-8 Hilton Drive Canton 30114 P.O. Box 750 Albany 31702 .1360 Harvard Rd., N.E. Atlanta 30306 St. Elmo Rt. #3 Chattanooga, Tenn. 37409 923 W. 37th St. Savannah 31401 2073 Cascade Rd., S.W. Atlanta 30311
612 Ga. Power Bldg. Macon 31201
1011 Housley Rd. Marietta 30066
915 6th Avenue Albany 31701
Route 1 Baldwin 30511
1584 Roswell Rd. Marietta 30060
-P.O. Box 7275 Chestnut Mtn. 30502
3907 Washington Rd. Martinez 30907
101 Cherry St. Cochran 31014
P.O. Box 815 Carrollton 30117
P.O. Box 846 Covington 30209

MEMBERS OF THE GENERAL ASSEMBLY 4875

Name Johnson, Rudolph

Johnston, Joe J. ,,

Jones, Bill

_

Jones, Herbert, Jr.

Kaley, Max D _

Karrh, Randolph C.

Kemp, Rene D

Kilgore, Thomas "Mac"

Knight, Nathan G. -

Lambert E. Roy Ll...

District . 72-Post 4
56-Post 2 ..78 126 19-Post 2 106 -- . 139 .SLi 65. . 67 112

Lane, Dick .. .

Lane, W. Jones --...

Lawson, Bobby

Lee, Wm. J. "Bill" .

Linder, John

Logan, Hugh

Long, Bobby

---

40 81 .--9-Post 2 72-Post 1 44 - ...62...... -.-142

Lord, Jimmy Lowe, Bettye

105 43-Post 2

Lucas, David E.

102

Mangum, Wm. C. (Bill), Jr. .... 56-Post 1

Mann, Charles C. ...--..

13-Post 3

Marcus, Sidney J

26

Address
5604 Reynolds Rd. Morrow 30260 4190 Kimlie Cove Decatur 30035 233 McDonough Rd. Jackson 30233 413 Arlington Rd. Savannah 31406 260 Washington Ave. Marietta 30061 P.O. Drawer K Swainsboro 30401 P.O. Box 497 Hinesville 31313 1992 Tara Circle Douglasville 30135 P.O. Box 1175 Newnan 30263 Home: 543 N. Main St. Office: P.O. Box 169 Madison 30650 2704 Humphries St. East Point 30344 P.O. Box 484 Statesboro 30458 660 Fulton Drive Gainesville 30501 5325 Hillside Dr. Forest Park 30050 5039 Winding Branch Drive, Dunwoody 30338 1328 Prince Ave. Athens 30601 6th Street, N.W. P.O. Box 202 Cairo 31728 P.O. Box 254 Sandersville 31082 591 W. Paces Ferry Rd., N.W., Atlanta 30305 448 Woolfoik St. Macon 31201 4320 Pleasant Forest Drive, Decatur 30034 238 Elbert Street Elberton 30635 845 Canterbury Rd., N.E., Atlanta 30324

4876 MEMBERS OF THE GENERAL ASSEMBLY

Name Martin, Charles

District 1 60.

Matthews, Hugh D. __

146

McDonald, Lauren (Bubba), Jr..,,12

McKinney, J. E. (Billy)

35

Milford, Billy jQ

--13-Post 2

Moody, Lundsford

138-Post 1

Moore, James C

162-Post 1

Mostiler, John L

71-Post 2

Mullinax, Edwin G. (Ed)

69

Murphy, Thomas B.

18

Murray, Bill

116

Nessmith, Paul E., Sr.

82

Nichols, Michael C.

27

Nix, Ken

_

20-Post 3

Oldham, Lucian K. I

14

Padgett, M. J. "Mike"

86

Parham, Bobby Eugene __ 109

Parkman, Lillian H.

134

Patten, Robert L

149

Peters, Robert G.

2

Phillips, L. L. "Pete"

120

Phillips, Robert P. "Bobby"

hi

j 125

Phillips, R. T. (Tom) 1

59

Address
..470 Hill Street Buford 30518
.. Route 1 Moultrie 31768
.. Rt. 2, Box 408A Commerce 30529
-765 Shorter Ter., N.W. Atlanta 30318
..Route 3 Hartwell 30643 -P. O. Box 32 Baxley 31513
..Route 2 West Green 31567
.. 150 Meadowvista Dr. Griffin 30223
-P.O. Drawer 1649 LaGrange 30241
- P.O. Land 163 Bremen 30110
-124 W. Forsyth Street Americus 31709 -Route #4 Statesboro 30458 -825 Penn Ave., N.E. Atlanta 30308 -3878 Manson Ave. Smyrna 30080 - Home: 5 Vineland Dr. Bus.: Central Plaza Shopping Center Rome 30161 - Bennock Mill Rd. Augusta 30906 .. P.O. Box 606 Milledgeville 31061 -106 Holley Drive Albany 31705 .. Route 1, Box 180 Lakeland 31635 _ P.O. Box 550 Ringgold 30736 . P.O. Box 166 Soperton 30457
P.O. Box 8305 Savannah 31412 .1703 Pounds Rd. Stone Mountain 30087

MEMBERS OF THE GENERAL ASSEMBLY 4877

Name Phillips, W. Randolph Pilewicz, Greg,

District
.91. ps

Pinkston, Frank :

100.

Rainey, Howard H.

135.

Ralston, Ernest , _ 7.

Ramsey, Tom

Randall, William C. (Billy) . 101 -

Reaves, Henry L. sHj

.147

Richardson, Eleanor L

.52

Robinson, Cas -J.

-58 -

Ross, Ben Barron

. ...76

Rowland, J. Roy plM

119

Russell, John D

-64 |pS

Savage, John

-25...

Scott, Albert (Al)

123

Scott, David lltL...;., -37

Sise, Robert C. (Bob)

143...

Sizemore, Earleen Wilkerson 136

Smith, Tommy

152-Post 2

Smith, Virlyn B.

...42

Smyre, Calvin ,

...92

Snow, Wayne, Jr

1-Post -.

Steinberg, Cathey W. ...

46

Address
...Shiloh 31826 ...2307 Plantation Drive
East Point 30344 -- 850 Ga. Power Bldg.
Macon 31201 1913 Third Ave., E.
Cordele 31015 ~P.O. Box 623
Calhoun 30701 -P.O. Box 295 Chatsworth 30705 . P.O. Box 121 Macon 31202 ..Route 2 Quitman 31643 -755 Park Lane Decatur 30033 -4720 Fellswood Drive Stone Mountain 30083 -P.O. Box 245 Lincolnton 30817 -103 Woodridge Road Dublin 31021 -P.O. Box 588 Winder 30680 - 69 Inman Circle Atlanta 30309 -859 East 31st St. P.O. Box 1704 Savannah 31402 ..190 Wendell Dr., S.E. Atlanta 30315 .P.O. Box 881 Thomasville 31792 ..Route 3 Sylvester 31791
..Route 1 Alma 31510
-330 Rivertown Road Fairburn 30213
-P.O. Box 181 Columbus 31902
..Mailing: P.O. Box 26 Rossville 30741 Res.: Route 2, Chickamauga 30707
-1732 Dunwoody Place, N.E., Atlanta 30324

4878 MEMBERS OF THE GENERAL ASSEMBLY

Name

District

Address

Swann, David J.

---.90

--804 Camellia Rd.

Augusta 30909

Thomas, Charles A., Jr.

66-Post 2 P.O. Box 686

Temple 30179

Thompson, Albert W.

93

P.O. Box 587

Columbus 31902

Tolbert, Tommy

--56-Post 3

-1569 Austin Dr.

Decatur 30032

Townsend, Kiliaen V. R. 24

-214 Townsend Place

Atlanta 30327

Triplett, Tom

128

P.O. Box 9586

Savannah 31402

Tuten, James R., Jr - 153

528 Newcastle St.

Brunswick 31520

Twiggs, Ralph

- 4-Post 2 P.O. Box 432

Hiawassee 30546

Vandiford, Douglas

53

-- 3201 Kensington Road

Avondale Estates 30002

Vaughn, Clarence R., Jr.

57

2150 Miller Chapel Rd.

Conyers 30207

Veazey, Monty

-- 146-Post 2 P.O. Box 1572

Tifton 31794

Waddle, Ted W. --

113

.-- 113 Tanglewood Drive

Warner Robins 31093

Walker, Larry

115

P.O. Box 1234

Perry 31069

Wall, Vinson .Ml

61

....1694 Little Fawn Drive

Lawrenceville 30245

Ware, J. Crawford

j_.~-68--

P.O. Box 305

Hogansville 30230

Watkins, Mrs. Lottie Heywood -- 34

107 Mathewson Place,

S.W., Atlanta 30314

Watson, Roy H. (Sonny), Jr. .114

P.O. Box 1905

Warner Robins 31093

White, John

132

P.O. Box 3506

Albany 31706

Williams, Mrs. Betty Jo

-48

2024 Castleway Drive,

N.E., Atlanta 30345

Williams, Rev. Hosea L.

-54...

8 East Lake Dr., N.E.

Atlanta 30317

Williams, Roger

6-Post 1 132 Huntington Road

Dalton 30720

Williamson, George

45 -

3358 Rennes Dr.

Atlanta 30319

Wilson, Joe Mack

19-Post 1 77 Church Street

Marietta 30060

Wood, Jim

72-Post 3 5676 Sequoia Drive

Forest Park 30050

Wood, Joe T

9-Post 1 P.O. Box 1417

Gainesville 30501

MEMBERS OF THE GENERAL ASSEMBLY 4879

GEORGIA HOUMSEEMOBFERRSEPORFESENTATIVES FOR THE TERM 1979-1980
BY DISTRICTS AND ADDRESSES

District Representative

Address

1-Post 1 Wayne Snow, Jr.

P.O. Box 26

1-Post 2 Forest P. Hays, Jr

Rossville 30741 St. Elmo, Rt. 3

2

Robert G. Peters

Chatt., Tenn. 37409 P.O. Box 550

3

Tom Ramsey

Ringgold 30736 P.O. Box 295

4-Post 1 Carlton Colwell

Chatsworth 30705 P.O. Box 6

4-Post 2 .... Ralph Twiggs

Blairsville 30512 P.O. Box 432

5

.John G. Crawford

Hiawassee 30546 RFD #1, Box 404

6-Post 1. .... Roger Williams

Lyerly 30730 132 Huntington Rd.

Dalton 30720

6-

.... R. L. P Foster -- ost 2 4899 Tibbs Bridge Rd.,

S.E., Dalton 30720

7- . .... Ernest Ralston

-P.O. Box 623

Calhoun 30701

8-

.... Joe FP rank Harris -- ost 1 712 West Ave.

Cartersville 30120 8-Post 2 .... William G. "Bill" Hasty, Sr. .R-8 Hilton Dr.

Canton 30114

8-

WendeP ll T. Anderson, SorSi t 3 Route 4

Canton 30114

9-

...Joe TP . Wood ost 1 P.O. Box 1417

Gainesville 30501

9-Post 2 Bobby Lawson

...660 Fulton Drive

9-Post 3 ... Jerry D. Jackson

Gainesville 30501 P.O. Box 7275

10 ... .. ..Jack Irvin

Chestnut Mtn. 30502 Route 1

Baldwin 30511

11

William J. (Bill) Dover -- "Timbrook"

Hollywood 30523 12 ... _ Lauren (Bubba) McDonald, Jr.... Rt. 2, Box 408-A

Commerce 30529

13-Post 1 . . Louie Max Clark ...

RFD #2

Danielsville 30633

13-Post 2 .... Billy Milford

Route 3

Hartwell 30643

13-Post 3 .... Charles C. Mann

238 Elbert Street Elberton 30635

4880 MEMBERS OF THE GENERAL ASSEMBLY

District 14
16

Representative Lucian K. Oldham
E. M. (Buddy) Childers

Address
Central Plaza Shopping Center Rome 30161 15 Kirkwood Street Rome 30161

16

.i.5 LeKnoexn CFiurcller

Rome 30161

17

...10_6._tNLoyrntnh CGoalmlemgeagSet.

Cedartown 30125

18

,,P.O_..TBhooxm1a6s3B. Murphy

Bremen 30110

19

...77 CJhouercMh aSctkreWetilson

Marietta 30060

19-Post 2 Max D. Kaley

...260 Washington Ave.

Marietta 30060

19-

Pos..t.23432 PBowilldeCroSoppreirngs _.

Rd., Marietta 30064

20-

Pos.t..1584 JRoshwnenlyl RIsoaakdson --

Marietta 30060

20-Part 2 Carl Harrison

-P. O. Box 1374

Marietta 30061

20-

Po.s..t33878 MKaennsoNnixAven-ue

Smyrna 30080

21-

Po.s..t11011 HEousgleenyeR(oGaedne) Housley

Marietta 30066

21-Post 2 A. L. (Al) Burruss

-P.O. Box 6338-A

Marietta 30065

22

Mrs. Dorothy Felton

...465 Tanacrest Dr.,

N.W., Atlanta 30328

23

...140 CLaulathiserCSo.uCrtolbert

Roswell 30075

24 -

Kiliaen V. R. Townsend -- 214 Townsend Place

Atlanta 30327

25

...69 InJmoahn CSairvcalege

Atlanta 30309

26 .--

Sidney J. Marcus

...845 Canterbury Rd.,

N.E., Atlanta 30324

27

. 825 P. MeninchAaevle.C, .NN.Eic.hols

Atlanta 30308

28

-- 385 PAinleveSdta.,KNin.Eg. Beal -

Atlanta 30308

29

- Douglas C. Dean

...356 Arthur Street, S.W.

Atlanta 30310

30

^ 1043POarmu.ewBoooldsteArve.,

S.E., Atlanta 30316

31

Mrs. Grace T. Hamilton ...582 University Place,

N.W., Atlanta 30314

MEMBERS OF THE GENERAL ASSEMBLY 4881

District 32 33
34

Representative

Address

Mildred Glover .C--4~U. 672 Beckwith St., N.W.

Atlanta 30314

. J. C. Daugherty, Sr

202 Daugherty Bldg.

15 Chestnut St., S.W.

Atlanta 30314

. Mrs. Lottie Heywood Watkins 107 Mathewson PL,

S.W., Atlanta 30314

35

. J. E. (Billy) McKinney

...765 Shorter Ter., N.W.

Atlanta 30318

36 -

-G. D. Adams

...532 St. Johns Ave.,

S.W., Atlanta 30315

37..

..David Sc. ott ~..l ...190 Wendell Dr., S.E.

Atlanta 30315

38 --

Mrs. Henrietta Mathis Canty ... 2211 Cascade Rd., S.W.

Atlanta 30311

39

. Bob Holmes

iLL ...2073 Cascade Rd., S.W.

Atlanta 30311

40 ...

Dick Lane

...2704 Humphries St.

East Point 30344

41-

Greg Pilewicz ....

...2307 Plantation Dr.

East Point 30344

42 ...

Virlyn B. Smith

...330 Rivertown Road

Fairburn 30213

43-Post 1- Charles L. Carnes

...1079 Spring St., N.W.

Atlanta 30309

43-Post 2 . Bettye Lowe

-591 W. Paces Ferry,

Rd., N.W.

Atlanta 30305

43-Post 3 . John J. Greer

...802 Healey Building

Atlanta 30303

44 . .

.... John Linder

...5039 Winding Branch

Dr., Dunwoody 30338

45..

George Williamson

...3358 Rennes Drive

Atlanta 30319

46 .. .

. Cathey W. Steinberg

.. 1732 Dunwoody Place,

N.E., Atlanta 30324

47..

. Joe Burto. n -- . ...2598 Woodwardia Rd.,

N.E., Atlanta 30345

48

. Mrs. Betty Jo Williams

...2024 Castleway Dr.,

N.E., Atlanta 30345

49

Ewell (Hank) Elliott, Jr. ...411 Decatur Fed. Bldg.

Decatur 30030

50 ... . John Hawkins

...1360 Harvard Rd., N.E.

Atlanta 30306

51 --

Mrs. Mobley (Peggy) Childs _. --520 Westchester Drive

Decatur 30030

52-

. Eleanor L. Richardson

--755 Park Lane

Decatur 30033

4882 MEMBERS OF THE GENERAL ASSEMBLY

District 53 54 55 56-Post 1 56-Post 2 56-Post 3 57 58 -- 59 60 61.. 62.. 63 64 65 66-Post 1 66-Post 2 67 68 69. 70 71-Post 1 7172-

Representative

Address

Douglas Vandiford -- 320

Avondale Estates 30002

Rev. Hosea L. Williams .. 8 E

Atlanta 30317

Betty J. Clark

L P.O

Atlanta 30316

Wm. C. (Bill) Mangum, Jr. 4320 Pleasant Forest

Dr., Decatur 30034

Joe J. Johnston

.-. 4190 Kimlie Cove

Decatur 30035

Tommy Tolbert

1569 Austin Drive

Decatur 30032

...Clarence R. Vaughn, Jr.

215

Conyers 30207

-Cas Robinson ..

- -- 4720 Fellswood Drive

Stone Mountain 30083

R. T. (Tom) Phillips

170

Stone Mountain 30087

- Charles C. Martin

470

Buford 30518

.

Vinson Wall

Lawrenceville 30245

.. ... Hugh Logan

1

Athens 30601

Bob Argo

_P.O

Athens 30603

John D. Russell

P.O

Winder 30680

Thomas "Mac" Kilgore

199

Douglasville 30135

Gerald L. Johnson

-P.O. Box 815

Carrollton 30117

Charles A. Thomas, Jr. ... P. O. Box 686

Temple 30179

Nathan G. Knight

P.O

Newnan 30263

J. Crawford Ware

P.O

Hogansville 30230

Edwin G. (Ed) Mullinax -P.O. Drawer 1649

LaGrange 30241

Claude A. Bray, Jr.

617 Mayes Way

Manchester 31816

James R. (Jim) Fortune, Jr. ... P.O. Box 116

Griffin 30224

Post 2 John L. Mostiler

-- 1

Griffin 30223

Post 1 Wm. J. "Bill" Lee

5

Forest Park 30050

MEMBERS OF THE GENERAL ASSEMBLY 4883

District Representative

Address

72-Post 2 Jimmy W. Benefield

-6656 Morning Dove PL

Jonesboro 30236

72-Post 3.,,:--Jim Wood

..5676 Sequoia Drive

Forest Park 30050

72-Post 4 Rudolph Johnson

..5604 Reynolds Rd.

Morrow 30260

73

, ..63G0.NRoircthharHdenCrhyamBlbvedr.lin ....

Stockbridge 30281

74 - - Philip A. Johnson -

-P.O. Box 846

Covington 30209

75

,,P.BO.obBboyx C6a90rrell

Monroe 30655

76

,,P.BO.enBoBxa2r4ro5n Ross

Lincolnton 30817

77 - William S. (Bill) Jackson ..3907 Washington Road

Martinez 30907

78--

Bill Jones --.

..233 McDonough Rd.

Jackson 30233

79

. --..70M9 aGrrveiennwAodoadmRsoad

Thomaston 30286

80

..20BEe.nMsoaninHSatm. ....

Forsyth 31029

81..

. . P.OW. B.oxJo4n8e4s Lane

Statesboro 30458

82-

Paul E. Nessmith, Sr. .... .. Route 4

Statesboro 30458

.83

Emory E. Bargeron ....

-P.O. Box 447

Louisville 30434

84

. .P..OW. aBrorexn5D39. Evans

Thomson 30824

85

.11R20. APi.nDeeSnt.

Augusta 30901

86 ... .. .. . . M. J. "Mike" Padgett

-Bennock Mill Road

Augusta 30906

87

..ReJsa:ck706CoMnnoenltlro..s..e Ct.

Augusta 30904

Mailing: P.O. Box 308

Augusta 30903

88

.803G.JoFh. n(sDRanoandy) Daniel, Jr.

Augusta 30904

89

..71D4 oWnaelsdtmEi.nCstheereCkst....

Augusta 30909

90

.... David J. Swann ...

-804 Camilla Drive

Augusta 30909

91

..ShWilo.hR3a1n8d2o6lph Phillips

92

-P.OCa. lBvionx 1S8m1yre

Columbus 31902

93..

-P-.O.ABlboexrt58W7 . Thompson...JBI

Columbus 31902

4884 MEMBERS OF THE GENERAL ASSEMBLY

District Representative

Address

94

-P.OS. aBnofxor7d09D. Bishop, Jr.

Columbus 31902

95

..PT.Oh.omBoaxs B19.6Buck, III

Columbus 31902

96

..3G12a8ryCCo.lleCgaesoDnr.

Columbus 31907

97

..7M23a6ryLuJlalnweatGeralRerd. il

Columbus 31904

98

..QBurayial nHtoCllouwlpepper

Fort Valley 31030

99

..LBauwrlPDlaazvai--s

740 Mulberry St.

Macon 31201

100

..8F50raGnka. PPionwksetronBldg.

Macon 31201

101

,,PW.Oi.llBiaomx C12. 1(Billy) Randall ...

Macon 31202

102

..4D48avWidoEol.foLiukcSats.

Macon 31201

103 -

Kenneth (Ken) W. Birdsong . . 820 Gray Hwy.

Macon 31201

104 --Frank Horne

..612 Ga. Power Bldg.

Macon 31201

105...

Jimmy Lord

-P.O. Box 254

Sandersville 31082

106

-P.ROa.ndDorlapwh eCr .KKarrh

Swainsboro 30401

107

..RAou. tDe.2Clifton .....

Metter 30439

108

..BWoxil9b2u6r--EGdworidnonBRauogahd

Milledgeville 31061

109

-P...BOo.bbByoxEu6g0e6ne Parham

Milledgeville 31061

110

1 . PW.Oa. rBdoEx d1w46ards

Butler 31006

111

PD.Oon. BCoaxst3le7b7erry

Richland 31825

112

-HEo.mReo: y54L3aNm.bMeratin St.

Office: P.O. Box 169

Madison 30650

113 ,,...

Ted W. Waddle ....

-113 Tanglewood Drive Warner Robins 31093

114

PR.Oo.yBHox. (1S9o0n5ny) Watson, Jr.

Warner Robins 31093

115

-PL.Oa.rrByoxW1a2l3k4er I

Perry 31069

116

11-1-B24ilWl M. Fuorrasyth St.

Americus 31709

MEMBERS OF THE GENERAL ASSEMBLY 4885

District Representative

Address

117

..Ben Jessup

_101 Cherry Street

Cochran 31014

118--

..Terry L. Coleman

_1201 4th Avenue

Eastman 31023

119--

-J. Roy Rowland

103 Woodridge Rd.

Dublin 31021

120--

-L. L. "Pete" Phillips

P.O. Box 166

Soperton 30457

121--

..Thomas B. "Tommy" Clifton,

Jr. 1

P.O. Box 660

Lyons 30436

122...

- Arthur M. Gignilliat Jr _.36 Althea Parkway

Savannah 31405

123...

. Albert (Al) Scott

859 East 31st St.

P.O. Box 1704

Savannah 31402

124..

..Joseph A. (Joe) Battle

2308 Ranchland Drive

Savannah 31404

125..

. Robert P. (Bobby)

Phillips, III

P.O. Box 8305

Savannah 31412

126 -

. Herbert Jones, Jr.

413 Arlington Road

Savannah 31406

127...

-Bobby L. Hill

923 W. 37th St.

Savannah 31401

128

-Torn Triplett

- P.O. Box 9586

Savannah 31402

129

-George Chance

1--P.O. Box 373

Springfield 31329

130

..Bob Hanner .

...Route 1

Parrott 31777

131

-Charles Hatcher .

-- P.O. Box 750

Albany 31702

132--

. John White

-P.O. Box 3506

Albany 31706

133

R. S. "Dick" Hutchinson -- 915 6th Avenue

Albany 31701

134.

..Lillian H. Parkman

-- 106 Holley Drive

Albany 31705

135

..Howard H. Rainey.

...913 3rd Avenue, E.

Cordele 31015

136

. Earleen Wilkerson Sizemore Route 3

Sylvester 31791

137

. Paul S. Branch, Jr

P. O. Box 99

Fitzgerald 31750

138-Post 1- -Lundsford Moody

P.O. Box 32

Baxley 31513

138-Post 2. . Joe R. Greene

P.O. Box 497

Jesup 31545

4886 MEMBERS OF THE GENERAL ASSEMBLY

District 139

jRepresentative . Rene D. Kemp .

140

..Ralph J. Balkcom

141._,,i___l,,L_ ..Walter E. Cox

142

Bobby Long

143

..Robert C. (Bob) Sise .

144

Marcus E. Collins, Sr.

145

. Hugh D. Matthews ...

146-Post l._ . Henry Bostick

146-Post 2 . ..Monty Veazey

147

Henry L. Reaves

148 p

James M. Beck

149

Robert L. Patten

150

..Tom Crosby, Jr.

151

. Harry D. Dixon

152-Post 1.. James C. Moore

152-Post 2.. ..Tommy Smith ....

153.....

. James R. Tuten, Jr.

154

. Dean G. Auten

Address
_P.O. Box 907 Hinesville 31313
g--Si Route 1 Blakely 31723
-- 202 West Street Bainbridge 31717
[fLUalP.O. Box 202 Cairo 31728
.. .... P.O. Box 881 Thomasville 31792 Route 1 Pelham 31779 Route 1 Moultrie 31768 P.O. Box 94 Tifton 31794 P.O. Box 1572 Tifton 31794
Route 2 Quitman 31643 2427 Westwood Drive Valdosta 31601 Route 1, Box 180 Lakeland 31635 -705 Wacona Dr. Waycross 31501 .1303 Coral Road Waycross 31501 ..Route 2 West Green 31567 ..Route 1 Alma 31510 .528 Newcastle St. Brunswick 31520 .628 King Cotton Row Brunswick 31520

RESULTS OF REFERENDUM ELECTIONS 488

STATUS OF REFERENDUM

ELECTIONS FOR THE YEARS

1953 THROUGH 1979

Georgia Laws

Election

Referendums Results

Not

Proposed Not Known Held

Final Result

1963 (Jan./Feb.) |L- 14

1963 (Nov./Dec.)

21

1965

17

1956

39

1957

24

1958 .

L--45

1969

1 4

34

1960 LjS l_i

47

1961 ....;

27

1962

1

38

1963

..._

39

1964

35

1964 Ex. Sess

9

1965

23

1966

25

1967 "5 *

39

1968

48

1969 111"

49

1970

44

1971

43

1971 Ex. Sess. .

3

1972

_. 64

1973 ...

21

1974

25

1975

33

1975 Ex. Sess.

1

1976

lZSI

26

1977

13

1978 p!

25

1979

5

1

2

11

5

__

16

1

1

15

4

1

34

1

23

2

2

41

5^

1

33

7

1

39

1

26

1

2

35

1

6

33

2

3

30

117

3

....

20

2

23

2

37

3

1

44

3

3

42

4

1

39

5

38

--

....

3

1

1

62

1

2

18

1

1

23

1

1

31

1

Of?

2

24

4

....

9

1

24

5

TOTALS

875

46

43

786

4888 RESULTS OF REFERENDUM ELECTIONS

REFERENDUM ELECTIONS--1953-1976 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time.

o8s S6

2 -S

OH

Hw*UCPC-QQ

U o

5 2 U U

TfOOlOCOCOliOHCOlrOHkOCOClOOOCO) oSiowoSio&owoSi

IQ IQ IQ IQ

O g o

>

s9 -5 Q

g o

3 w

3 w

* -4>-> G G

o

J o

.o*5 *5

^ &

OsOJ CfOt +oH >

CO 00 2 Ewhonow

o I

(14 bo

Pm eOlOCldtHdCO

iSi+83 ""o



G G GG

d d Cl d

1.g3 >2* 2b 2 .s*2 sS a3 s3

o

i

S

o

S

4o0 u-4J

* .V2 g &

l o

l S

RESULTS OF REFERENDUM ELECTIONS 4889

33D 0t^o0HC03O

i w

. U1 I cW

SI 8NI wW "a O&^M 0o0. .9O.E <R1J..f2Si <&l5oaioXqNiOB otnOt-ioOOp oJN^O]OOOlM OOoo^j'fB2EWtoeSrcoolHroltihJoI ithoi

O B gO B+-> o OgBMW-4J gO-OgoBsSgBfeBgBgB-l-g gB4

3

o

0d).0g OpS

Georgia Lawa 1953, Noyember-December session:

HOwnn

ft s

CO

.2 O

OIi U1

et

0> orH o u
03 00 IQ 03 <N (M (M CQ (M

CcQfi
Q > o

X3

Xt4Q<i-uii)

."gC5n5

*GDgO a!

3

43 5 O O Q

N <N OJ 03

o

o

Op-Bo&eS 2O-&Noe O2o{J Q.E2

Q Q W w fa O W

4890 RESULTS OF REFERENDUM ELECTIONS

w yi

t--o & CUO5

0J5*i

,S"

go{ $"3

gooU05>3 0OH0 0CN0OHCO

** -g

fbIjplfi

gistHb

0to5)

3

1 aM fi I I ,1 I 9 I I 'B4 3-J3ws-issase^fcUo*IsOj"*isfHohesB

11111 i o S> O M

For

5-14-55

tos oa s!
I

Clayton & Fulton 2884 City of College Park

Georgia Laws 1953, November-December session:

H u w 2Dcc

5 5 .2 .OoSh

3b3o

o

> O O O O O O

su* 05 05 05 05 05 05

u 9 o

^3 3os [*2&3 S

S P4

bboo

1 H

PS ,2

RESULTS OF REFERENDUM ELECTIONS 4891

FAogrn----786747 FAogrn----328730 Agn-- 206

e4ba)eeCC--gOO

C^Ti---fI<lNMO

01 M p

fCtClO'JO05OfHW<OmtCl-O-HT<TfOmCf OOCNOI-Of'*

iliiliifwfj I r3.fcofoc<qJo+Ov5'Z^oEoowoSao&a
w

ONlOOtCONtCC-OO0THO>H0 Uon fMj. JoU| ;i wF |o

4-27-55 4-27-65

2344 City of Tifton 2858 City of Jesup

Tift Wayne

4892 RESULTS OF REFERENDUM ELECTIONS

jWToO^in|olOoIeoOIeToIwl'H,rHl|OTToll^O4eoTofto-eHIoOrcnIoOwwTe^lto' u3W

CkrJwCtO*

3 W

3bfe 3W 3

Pg^ -wtJ'^ooWnt^ohnoio 3 , ! I . cowopoq

i i i i

5^ I i

I I I I I I II

3 33

c0LoO0 3

CO CO CD CO

OHWM9

g tb3o TbJo

o 3

a a s33 o *3

d0l3 o fr

o oH>33oH>

H>->> +>H > 5 6 5

B

O

QTh

o O

.oTh

-uTh

o

o

3 o H X 3

0b**O!oz

<M <M <M CM

O

3 . . 3 *i | 3 HT3 rH>T3 rH-T?O

* 35

m pq m

O 3

P3h

8

5

g^w gg* 6 6

r5-Mo>35

o

o

Georgia Laws, 195$:

RESULTS OF REFERENDUM ELECTIONS 4893

oCua'cJ1lOo'O*C*e^0CCoO03rOH^tCr1er^<^oCiooO0c3qC3 tO-CoT3ofCoN'JeCoCCOOOitH5JiH0m .

9 a8i

11

|Sis

111 uH i 111 ijsis

S<afse 5sSfeSfo5<JgfcS<JgfoS<J?CQ |3

2 o

MM I I OJOJC-iOeOlO 6fl 6c Sc 6c bo So SSSSS !!!)!!

<2O(Haj!.kDl8aON>21kN6!2NO<j2g.i!N2Oo<1ig^!BHOE<tiaS*H:6Oo<li(Lk*io<oTI f3lcOhoIlN*t5o-Ih<'ihoHf,Ir'N0f9orI>hcf0oho0'I

fOici &Oii fOlai fOLai fOiai fOiai .c.i

frt i ^

"

eJtJf.

#.r.t

II "JS

c8 m a

rgt 58iga9riMSgcBaiSogU -f.UaC3;.jfg2s.jlSa"^1fg-QwC

silawlBsiri*!!3*1--1* If

m r-=c 0) nri 0) 0) 0) > >OWWSra-!<!<!<!^-9!

Georgia Laws, 1956:

4894 RESULTS OF REFERENDUM ELECTIONS

|OIRbIOIOS!b1O

(N 4)(N

..

H0C0liO0O0tt--OrOHJ J&I* > pOvIOi.roH 0050to5Ct^>O-Bg g1I iga FJI..C0OO5 C00O55 o0tO0 fO,ai cbc*O!fOU.ci<bGil4O0"H iW"fK,fW _SidS_) _utO_sj fB o,r~et <Pbr*OjfJO,cihCbPCi40U+.>~1-- >_20H0 iWfst CleOfOt f,c-1< C1M*C9f1e^- ,

lO S * <5c <n ;uw'i

H bO ^Hi ui g ti-

io, os oiI

2"-C5 Q*w2

0uwCD"Q35

3 2a O O ` bc e .-S o m .t:

o c

"cti Q'oo>H

3

> >

O 5

CO CO CQ CO

U B 9 O

6s0

J s 3

Z ci w

rHC

Georgia Laws, 1956:

RESULTS OF REFERENDUM ELECTIONS 4895

!NONIC>O CO rtrHHh W3 KC0i0f50l0HC0O

a a $

hOifMm ho 6*30403 ^o o^m6Ka

H

rH rhH* erHo

oiOO^H TCr*HOi*OH6ipa^N 06^IAWm** ^^CbIA^<<MMH0NC0HtD-HN<HMHtr-fOt<t-M~C0O0rHWH iOOo5a

&oOSB -<hH6OPaB--^'Sft5CrcHOfIo^^fW 45rcHIo--^g!tco| pot< <&J

i o

I ii i 6Afoe <SJ)o

i oa

i o

I 6a

OcHJ>

H o W GC&QO
* c fc 3
E@> o CO CO CM <M
H Eh & &

Georgia Lawa, 1956:

4896 RESULTS OF REFERENDUM ELECTIONS

04 ..

l(ONCiOOt0-4NTCClO* CNONoC| | | l II



tPIj)#2

tPIuO>ti

geCjSi 'S

B o cudtoiloclbLifofil^*llM I Oo| & lw| ar^r& fS.a.!J=2SvM HB<^C!W m Ooti. ibflfol

Ct>O0N5

-0Mo)

5 a)

41

JcKrI-b**

zCtljX)ltO*HOUCO5CDCT0Oj5t

foOmai . <SbOP3f3fl-l,o.H !2B"uS5*na0SE0|B343B2*1H H| fuoe <GStJc3ru <OcFfi

3s

jHgOs

EUWh CSCQQ

X>paJ) o !

X p T*O

o*H

o 3 O

4>-J o

4>J o

l0O0O44 C0CIX5OO Ll0OO4S 0C0lO0O4

2t 8 8 g!Jj W" QSO OO

> 6

O*1-O0

O 0

H 0 I

04 04 04 04

^o_Eo, ooo xQ3boJ3 xapboJe

w

Uis

E&Bv

RESULTS OF REFERENDUM ELECTIONS 4897

lOONt-5OT)tHO5O100 HNlOMHH ^O1M1^1o1M1*<o1&M1*<o1S^c1O1E^l

OOeolOit-H-JwKCJtH-fcrC-HtOHO(NJIO0lCOO2^ltNeHOqtJtCeC*OolrCO-eOfottH>Ttj'0tt5HNHihloMTOTOf*cN0Oo4 . i I i i I IiTI I i I M i S&S&S &rs Sg 5g& gg 6

CO CO CQ 04 QS

H u w SCC=QO>

&a,C*Sg8J

.g -2 o^

oo5 |>

CO 04 CO <M ttoo 'H% & &

Georgia Laws, 1957:

Affected area:

4898 RESULTS OF REFERENDUM ELECTIONS

Result For --

iiaocooo^ eoe^ote>o

S 3 "

3> * S

^nooocoonooomco * ^

<bgMf<i-- cb!o<TCb!fio,,,,?<&aCI

MU <i fSe <&bS

IcMcW <BJ -"J-g-"J-g

I fsa

I |||l I -a! hs <!>fas ^&fsa

<aH* (sxU,E<a&j llsi,B<H S;lHB| Bn| SB| H~ at|

s s

s s s^ -

00 00 00 00

cO0oS) t0O-S)0C00) 0,,0 << -5

HNN !>!>(>

EDlaetcetioofn i 11- 4-58 I

SUBJECT

Chattahoochee . .1 2554 A] Sheriff--compensation

PNjo.gelK

V

1 Dehg bfl fcX tuO bX) fclj o .25

OCeg

WWJ SL_<

4>-J 4>-J > 3 B o

o o o o

4>-> > o 3

CT <M CO CO <M (M

c c

c

c o

J>S j>s 3 3

J>g 6

County

RESULTS OF REFERENDUM ELECTIONS 4899

1s0*I Itwo&1^-IIsOwbSSw'|Il

owtOs# .-* bffll..TS bo6jijJ>j,Cbgf|jli.M'CbOUeJ^j &.t G&dlal Ii|irT'B c'it-.Sl..SMB"oSc--3oH.^.W-eoI*n2*soR"IMsS=SHasoCo*,.sO.i-.Wt=Cigf, Oo3. .o2'oS^g.H..f

NCr-OtNC(MOCCOO <HN +4*> gO1fli_gP 0iR0
11 mmm WHB

3f-&iO|, 5 0I "2p30I o AOI pb oI O foeI

HoG fMoc

P8.3wJ

HOw*CCD-QQ

pCo p'pwoM2 m

6* *8

o

io>

+-> I

Cb4eUJo^r

o03 fAe H 0

Georgia Laws, 1958:

4900 RESULTS OF REFERENDUM ELECTIONS

COioTJ Ct0HO5

McrojNc0oil-g

io co *-..3

ef..<?;

iS.So Mc -gS^Os ^BjSs

IOg

t.. E5f.-OS

, ^gO.CTolOoJI"N3irOt

CO

lO

o ^

o 5>W-a&~IctwofoaI*Iw --BoBSltrBof-o<Ialjl?ifM oiejI'ow%BTmfo*erHW.r-2";Sa2o;aU&rr(^&axJI<'"B*OS^*1[BoxJ2Ij MS>. iBo(M ., cot ffcuOtOfa CPUD

w o3hJ

oo oo oo oo

H U H

PQ O

WOS

Qocob3fl

>

T5 a .t;

+>3 o

CbAfLi^,o^ ca Ol CO CO

WWW

Qas ei* ^ s*

Georgia Laws, 1958:

RESULTS OF REFERENDUM ELECTIONS 4901

a 8

cNua, Oacaoi.]o^uo, i1tB0.- aM p1bco8pl?iS*t**oCm1cM113qm.c,

H05 OO T05f0a0 11111.

iIbW?I rg*jz; &,<!&.<!

z IS

03 0t-5iTOrHf CO tcHitt-'do*H CcuQ,,ccbCooIfO.*a2s5 Tcbse fuoo1Fb1tjef1our 1<cJ1fOto< <bCn *jO-W^- - 1s^-

0IQ5 i0O5 l0O5 l0O5

QaHj>

0053 0035 tHa C--O( 't Tf UJ lO

hCHUWCDQQ

g W H

0*0*0

H3 O .OtJ es

o

^

2'eC CQ ->M >4J>-M>X? o S 5 o

3<oas C2S 3Oh CbL.

EH iS &

fc pq m cq m

Georgia Laws, 1958:

4902 RESULTS OF REFERENDUM ELECTIONS

a)NOHtrO*WTOt*frOfHitITON}<l^LNOCOL}OH^OCOOOOtOOCQOt*OON

IOOJtCIOOHIOC-MO fc- ^ Tj< I>

umBanum nn ihbm edh s

OwOwOOllOOlO^OOtOwOUloUlO^oUlOWoUlO^Obn

<o 00 CO T* Oioi iOoi 0io3 0la5 o3h!

H O H

CPmP

=4= =te ^

t2o Fu

Ph Oh PChj

P-t Ph Ph I II

Pch3

si- i3

o u o o P <3J fc

*8 I

>

o o o o

o

.T5 6 -Th

b O N iM N IM (M N

p Pph Pph

8 00 c o

Q 3

1

J>S J>tf> j>s

o6s OUQOOQQ

Georgia Laws, 1959:

RESULTS OF REFERENDUM ELECTIONS 4903

N^^ClaOOs'^COeOoC^'OnJeO'^oNO'^oOHoNNocNOqitrMOl OiocOq'rr^H-OnMQiOLOnti'

05005D 1 1 S"""S6|6

Lo1Ui1S)1Otjw^\O7tjwCiTOt.^CiOtj&idftijiof1lUL1).OCH wito.CUiil

1111Wm g <a&s <s1ugiI ~

Georgia Laws, 1959:

4904 RESULTS OF REFERENDUM ELECTIONS

OOCOOOCO'NfOlOrCl0N*0 T-1

ToL bCJO.o^N&fi

11 S&

Q*WJj C--O*

00 ' tf

h^j ttH> "o CO m

H O w

CwDO

oCf0-Q)l o0GGCQ)

osso ooss o o o-t3oG-o4G3o->

fbtcf*i^*o'

1tL<>NCO oOClOOJ

3PG1

Georgia Laws, 1959:

RESULTS OF REFERENDUM ELECTIONS 4905

.. iO CO

ii g0t0c>-0oo02J^3iR iFoaoi coo

W--HW00CW00OO0<ONm0OW0cO0o S^^ cf^i*rO?i6ciotjslosS 1 s g

f^oaI CbfI0l.+g2g w

wfaO1<P&!0Cfgfl,tP0fia0I I^^Pfcia|olfa0l<&!Iff>al<0!&Ifa0I<oJl&fa0lojIJ5foai <I>iPn^fC|fp9Pan1fO'*SM 3i3f'Lo?j f,Oa'<biRfi'Jw-2RMft-c4Of-3

OJ rf ccoo 0C0O CO CO Q5fSa

HUwppcnca

bs o

g w w .m2 >



u o o

T= 8 ctf

H * o

bo o <*

SMQV fg3sca fa

O &
c -- >-2 fa O O W

Georgia Laws, 1960:

4906 RESULTS OF REFERENDUM ELECTIONS

jWo 4C0Q -CJO/3 .Xjofl JS riQH -wP^.

11| | O So

| j^.| cH cH So >' o '- o

cH '-% oz

'-SgjiorC&n!.-4SJMJ^?. fe| <IJ

7 W H W 3 QfaSg

Tt'lCOOOOCS-OC0(3ON0CM0UCNOilOCOOOro>)>' ^oi C&InIto^*<bCIfIte^o<C^iJ lfo^elbf<lJt

2 k oh

w4o0

0oHaD-2a
S O OoB >1^
4>0 Q, O O Q 02 H O o
a*

rt E .5 # *E 0f2t O ap
O O HXc3

s s O3h

Georgia Laws, 1960:

RESULTS OF REFERENDUM ELECTIONS 4907
OiC--OM0l5lOt-tNI->05lO50T0fTHlO<HCCO(OMOOO^OrHNt-OONi0O05r5OHtOT>jOH<TtH>HHO0OJO^OOlOO0NI0>l5lOOO'(^NNl>NTI>jt<ONCI<>0100 111 Mi i I i itm Mill Ml o be o SbrP booboobooboobfloboo&flobooboobo
co co co co 5 Qw

HO*GwfpfOl
Oco& oo| ' Otp= Oo! 5 W Hdj Q O.Th OO

.2 O

O I I O

s
Q s o

> .5

bego^o

WC<1C<1C<J

_c

Georgia Laws, 1960:

4908 RESULTS OF REFERENDUM ELECTIONS

H\aQcCoO ?> 'tf

1
o L

0tCwo

Loi

biHe

ll fuoe<6CJ0

.. *

I>SO** Jt.f.

,,

-"cSe<0t0H-I5 .. ScS <H60 ea*? ir60nd_. r6i0.tc---o^i t--0j<i0ccOor-^dl

& I 1 & IoH g SH oo| NU. 9O R 60 0460

S

ow foie foue foLe

a v,

HUWfCG-fO3al
CQ o -+>- +>->> O 6
60 o <2*
60 ^ I I aJ CsQ

JCaccC>cS/S23

36g3

4>-> O O u

o o o

Georgia Laws, 1961:

RESULTS OF REFERENDUM ELECTIONS 4909

Georgia Laws, 1961:

4910 RESULTS OF REFERENDUM ELECTIONS

Tnfh03iNo H *qfeMctHo0m3

o^I

I bO

^oIBbIOv0I02)

^oI

bVIOa

D o 60

oqo cci QW

H V w 0DC3Q

Sw 1o s *c

_"Pogh

wo S

bco bcO obO bco bco CSo

4>-> 6

focptoHpotnfeopLoiflHo HI

bo o

CO<MOS (lCNOOJ

tf_i rH o co ^ us

->m,Tf3n

Ta^3

Teu33

TdU3

T3 e4

s

Georgia Laws, 1961:

RESULTS OF REFERENDUM ELECTIONS 4911
lrHCtHHHiHHtHTlt<oWlONCO5COOe0MHWOO 1tO-t CO itO- li) 00 HOtCWHUN5NNCClO>-OCtoOOONtN I i I i I i I i 111 i I i I i 111 i I i I i 111111 OMoMoMoMoeDoMoMo^oMoMoUloiflO^OiOO^

CO

W

W

W

CtoO

Wto

Wto

Wto

CO

W CO CO 0)0)0

0

2cB

ajj

oh

oHfa MtG3G

Oh bo>O

<1 < Q O Q

>

>

O

o

be o o WI W W CO

O o C

o-*>3Oc-> fa

'Ooh fa fa

fa

s

O .Th .T; .Th .Th .3

f3a f3a

g o o w

o

Georgia Laws, 1962:

4912 RESULTS OF REFERENDUM ELECTIONS

sS SQ <&! Noi ^ t"somot.5m '
foa

,, o #t CO

Tj< rH t- T| c- t

ss^lsris slsisis

111 IO baOso

ibaOiseH > bains1b|oso1baosSmbsflO|m hanit?TugT,v'm si sjj?s

iis

*

5' m gO g fa fa

Ttf3io<(Mo?

C<NO 00

C(MO 00

CCMO 00

<CNO 00

(CMO

C(MO CO

QW

o co CO CO CO CO

HUfM-a P
bce <G '* o
9 >



or3

>*8 *3

oo.ot>S

_ o

> O

> o

-4>-> o

bfi O

C<ioMO

Tj* CCOO

<M (M CM <M

5

w k--(

3

0) Obe

Georgia Laws, 1962:

RESULTS OF REFERENDUM ELECTIONS 4913

'S'O i O^O<Tot*qta>2+-2e$5.at-T--t->v<'w*o0-o0ICwi-Ol

3-aEa uel*sS2_a

o^--bGWu9Ifi^>m0| Tw0Jm5I> C'-aaa-'

I I*?11 gw I I I I M--ill

s ism s as s&'-'.ss g a

HawU

c OH Art w

W

HUw>MUm-9 Q03 in > O
S '-flu =*ai 5 c3


Georgia Laws, 1962:

4914 RESULTS OF REFERENDUM ELECTIONS

0HU0iCCTjOOtr*NH(COO0H4fctO---ClrOHOOl0CCO0OOCOO0C4NlOCC' tCfO0rHHl0lC(O00t^Ht'&,it---]Ir1H000O0)4tDCOlOTj'O04) ol_bI,oGM ot_U,Cio{_lU,CM iosHUG)sM o_&,GAsHio^ltoibjiGOlio_l,^Ci)HoB btjiGoitU-i>C1ot_1t>(1Co

COO 5 04 Ph c M o bfl-M lo
5

cOoCcoDcOocOoCcoOcoOcOocOo

03 Qpq

5a+o53

a 2

X1S

H Q W

CPCQQ

H H

c3

.ps.

bs o

bo o

1 2
-+>-> o

Georgia Laws, 1963:

i pq PQ pq m PQ PQ

p0q3 p(qV -GpqS o^3 POS O OO

RESULTS OF REFERENDUM ELECTIONS 4915

OOiON .. I "TI BBBRi

1HN1M17* 7JL m!S H

'fxocrf'iocirf'zocrfeo<J



^II

O-s2

9 fH

OC5Ot-OC<HUH> H H

0ttoo5 HII

tT<oJN (?IIq

Ht(HM- tCt--O

0t-H5

00t-35

Ifpflfl i O bo O biOC/2 Xfl O be O 6>C

HOnHO

lT(MOCHCOlCOCOOMCtOO0Cl5OO^CNHO rC0HO0!5> UOI FMIj. *oI4 MEIl o*I*iSCI. oI*4MI*.

CtoO CtoO CtoO CcoO 2 2

Qw

W+o *5-o2U->; CO 10 to to

O H w CPCQ/3

>

c



a * w

as I

E J

.Ots

W o

M o

> O

o > > 5 O o

oa (M (M co

K W

sfaH) s9J Sfc3e> <3S

Georgia Laws, 1963:

4916 RESULTS OF REFERENDUM ELECTIONS
oCNOaNiooHCcOoio^t(NiWrcH>l<4OUifaflcMtr-Hc^<a(NOMNc'ioW-*HCo1t1Ch---->oCIIOoCrOHOif>CMttHc--CtO-CLt-OOH''tCrrfHHOCOtSHTO(^MHHCtOH. I, , 1 , --1Ml OW)b&i)OW)obflO&flO&flO&0O&flO&fl

Georgia Laws, 1963:

RESULTS OF REFERENDUM ELECTIONS 49 U

I I ^Sj1HO3^ ^T2,|f r"H,I 3Wo&gm@>

TtH>fTC0O}5*HtHt^*CCHOO O0CO5OHCt-HOU3l5OtrH0H^5C0t3aI--BUB o be o be o be o be o be

CO CO <MO0
oIii IboIfPei 3aItcaSl&o*l-a1soPM&IFH.3S o:I cIbCI e.C2.2 030*)0Q3*)1,

U -CMO

Georgia Laws 1964, January-February session: (Repealed by Ga. L. 1964, Ex. Sess., p. 2342)

HOW*- aCQ

4sJ o 'o3* ^

I ^w

| oiH2*

w S

p

<!

w

c

>> >,

b u

bcfcl ^o

05 05 3 OJ

05 05 05 05

u 9 9 O X o

o ffl a

4918 RESULTS OF REFERENDUM ELECTIONS

Hb-OclqOoOoOooNoiOo "3 5CHoWO 17 M II foc<b1fi o bo O tuO-M o o too
1

0tO0oOCoOC-gS.gOolQjONlONfOfcioo0NN0 r^^H 4>j^CO 00 gqg`Oi OlO00OtCOJOHN00(WfriHtHDCCOO oOO M^o MCi1s"o^1dM1o^ oli^oTMdirngaou-rgWjjg)4fif2i-ousCMiio^'ldMl1^o 1Md 1^o iMd

rt QW

^

^

tc

Georgia Laws 1964, January-February session:

HOW*CCP-QQ

Er>OH

.OTr>h?, pdO^q

c
U 3 O

W o h

Oh'5 <M <M C\) <M

Qo Qo Qo s s s

s s s

Epdh

RESULTS OF REFERENDUM ELECTIONS 4919

<C0H5M500H3O5ipC(MC5~COC0O00i05O30Cm0fic>C-0Oi3d^C0l0^O5>OT03O}(CCMTOl<r-l'o^QO,"0, >Ja") I II II II II I II |-I foebOobfiO<bJdoUlO&OobMoUoSi0>H0ow^

0tHC0-O o00c03- C0co5O0cCo0O UoISbI3oIOuItoo

? <9 -a

3 > OW

03 03 03 03

Georgia Laws 1964, January-February session:

H u w cDCqQ
Q" g a a
CapQ
be o a.4'

In H ^ ^ ^ ^

as j3 rp is ^ is

4920 RESULTS OF REFERENDUM ELECTIONS

s S

TD* O<lONi tOIO> CCl>Ol 0Ntt--5Cr0tHj-5lMg5" CO2 I I | I I I gW O 00 o be o 00+? o

tIO-^OOOOH 3W ^HC` 1^o1bco OHcfc0.+SE ->-pO ^O11to

s

Georgia Laws 1964, Extra Session:

RESULTS OF REFERENDUM ELECTIONS 4921 OOiUC>OO5CtM>OCCNOOi-O^^TO*JOrH0O1OO>OOQ<5o>S5O/vm5! OSOoOOOiHOTO-Ol<O0OTtj><CT<lilCOLtHOCgiO I rgIfw^I?fm rglfti B {o-.iSfol tOf-lfiM Oojj*OB ^ onO^&iDOlOLl&COILIO&CIOLoI &tlIOLoIfoIii*l
3 H
iC>D t-oiHie^oNHHCO if--B i <So<&< <1o<tuJo<5J)<Si<SJi (M0O00O0O0O0O1l0O(t0 E&S LMo(IoLi oLI LoI UoIfIoxU, foL^aI H N (O ^ lO (O t" Wfol) W4y) MyQ>WQo)MVoW4o)WoO)

Georgia Laws, 1965:

4922 RESULTS OF REFERENDUM ELECTIONS

11 Hu sas11 saB MEog1 ail1H sD aa111a1g1a

W

.rC. I IS IS

Georgia Laws, 1965: Each of these acts has an effective date of January 1, 1966.

RESULTS OF REFERENDUM ELECTIONS 4923

0NC0't-0TJOtTfOOf^fW-[H-0^0HOONlftlOH0T0MCftH0OWNOMOH II II
o bo o bo o OC o CuO o bO o bO

CbOn .w^fSt >

C>O ia bC O ^mTlOjt

Hflh>< <f*O :.

iPM. rW0j5t W0t-5 lHOO HH10 TH05f P o^ wB. o^M wml*ooS,lo^ w Bi o^wai

Georgia Laws, 1966:

For --1443 Agn--1554 For --1083 Agn-- 603

4924 RESULTS OF REFERENDUM ELECTIONS

(M 00

lCCOOO

TCH O f

CC1O>O

_ bCio uomc6c fa <! fa <

05 S'* OS CbIo ouI c6I0 uoJfc6loi hoI /1C6o

fLOr, C60 hOI ?6Ifl

Q H

11-8-66 5-25-66

2628 County Commissioners 3099 City of Jesup

ft

H O W



oa D03

Q<u

4>-> 6

+>* 6

o

bo e

W

^~5 13 Ma> 3 S S

Georgia Laws, 1966:

Stephens Wayne

RESULTS OF REFERENDUM ELECTIONS 4925

Georgia Laws, 1967:

4926 RESULTS OF REFERENDUM ELECTIONS ttODCCO^KrNOiPC/os-rvCi>OcCoM-oHtcOCoCOoOs^toXtOoNTT-HHHq.>ti--toHo1 to>'*JNC'0tT-l*CC<MJ(ONCOOOOOHHCtO>I0lOO5ltIf->ll0O310O0l3O0)HO ^Om I G&i0^oPI 6sa f_lO|P&m i0_o,&P0sm o_&,PfltO_&.m PJ0*fjf5iOl h6flg^g l C L C , n mi
o4hi

h u H

m0P5

.p .0; 3

c o m

>>

c >

>>

O

O

fcX

(2^

M N N N

m m
>> o

oQQ W OW

CPOO Po03 3oCO G8fe QJOr .M0PJ ffi w a o s s

Georgia Laws, 1967:

RESULTS OF REFERENDUM ELECTIONS 4927

'^OlCOCOHOrJ'INHIO tH CM LO CO lO

OCCOOlOC*gg-J^0WO5 COQN.S*gwSC'j^DC^OC'COOd"4r'-H^NfcCgS4"H(Mc^f!c(0gM0fOCt-SiO-C(0OO5l0>00'0^Cr0O-l5C0C00100-311iOHClCO0J0t-C5lQiOHCfOcO-

I MM I I I I I o bX) O fciO O &j0 O t o bD

m Ho UC>D`CeaLjm o W>M*

O i

jMofb tpOt, oftOfemO PL, PL,

T\ ^

b1X)pO1t, <w1JO 1O 1wO1O 1Ofl11

o

co co co co

CO CO CO CO

H U W CQ Ct3Q
o o m o
CD 55

c o Twao33
o TmoSc33-i >
3 o

c o oCgCoOD3.

o s 3o 0CsCD3O

o o
o c co 2 o o EXaH

Tw 3

I 1 0 .iC2UnD I1QS> o

^ >CO
rCO2
H
oh -+>-> 5

0) C2o>o0Q3

o g Qsouocg<Dosi
DC01QC-)1

c o Qo3 'Mo >
G

0it<HM0- CCCrjOOOc

crC<jMMoi

OOClOO CCCtMMO- irr(QMHH (C^oMOs OCCOO C(tfMcM-

POh c3l

rT0aoc0C333,

a C40Q->)

,Ho3co23o

E3vgLh-<<

3 o D

2 &

Georgia Laws, 1967:

4928 RESULTS OF REFERENDUM ELECTIONS

Georgia Laws, 1968:

RESULTS OF REFERENDUM ELECTIONS 4929

For--2846 Agn--6761

09

ON,NOi,liCOO'tlO^OOHHOOlOOOHO^HOiaTltO'#OWNMOt'0OH0)^5rNlMNt'OHWSH(lNOOCOTO|>itMOTtW'jOiMOlOO CMsO 3s CI

--1M-- i; B n B

i ii i c >g3

oflowoMooflooOo&flo&flo&flobflo&flo&flo <bJe *o> ^

1

2914 Brunswick-Glynn County Charter Commission j 10-14-69

H o w

GoPOa

w w

w w

PQ

Q a

>>

G

U roG

wS w>

Glynn

4930 RESULTS OF REFERENDUM ELECTIONS

IM* N<MI 0<TONJj)tCH,*^COII r't|Ifl(Wt--0NtgtH-qrfi-fwC-i4*<T*WNfn'WCOvCOalOINI^OtMH0lO)0UlOr055st5-O--I^I)iOX00S)WgCOOa O0--0Bf5ii)1'i

1
i

^ClOO

CM<MO



i <fMIl foLai <S oPp. SB l Phi

11 IllliW o m o bo o bOo

I! II boo

II Ilf boo boo

<b1o foa

bo

fa fa

D

HGOf&-fOl

Tf3a3

m pq bo e

o

O

O

o 1

>uc05 a

TW 3

. Tfa3 -fa fa

Georgia Laws, 1968:

RESULTS OF REFERENDUM ELECTIONS 4931

Georgia Laws, 1968:

4932 RESULTS OF REFERENDUM ELECTIONS

0H0Nt- >00lO50 00O03 tH 00LO53 0(M3 CCLOOO oM<ls'o'g-f'ouO<I 3st>i30 2fH rO^<36s0feou<3s&0

C0CO3OCOCH^OC(CMOOt5^-g3O?? HCOOt0--0<t-N^0c3OtL-QO(0M3CC0O0-tCt~-O*t-0t--H5 iCHO-- lCNOO Ctr--OI(W00 00N55N1T5 ^--H ^mC^s M c&+j +o3,r/joi,^"H Chn^WaHObhDCft ItsBjfgrSn OiigiSh,Son hnHaChsr1,ua1fhlnt1i&C1Sis s
W

QW

EOwlCz"Qnh 3 W

T2O *Qrl
mom > u

CQ W

Georgia Laws, 1969:

RESULTS OF REFERENDUM ELECTIONS

4933

ohPwQ

'wo

C/3

w M

S O VLcL03ii

.IPL0LoccSs43s)ii

O

Vo-l

> -L>>

O O

t(4o>o7

-0tC<15O CCt0oO3- T^t0o-3t 0O0'05t

ot0CoO5

tot0oo3

to C0O3

ctCoO

0oC5O3

Asebt) W

c Pcc03l

.'PSc05l3,

C O p3L|

o

La>i e 3

co -OLGot3/>3

Georgia Laws, 1969:

4934 RESULTS OF REFERENDUM ELECTIONS

l ooc H 1n
be

O

be

<55 ^NOlttO>-tTtOt>>-l 'S3E C0CtO>5<f0Ct--0<fUf3iOlNOOOCONCJOJlO(MO0iOn0O((NNO05 o &m S&oEgH ,ofeai|Msai

COt-OJCOCQOOO(CMOOOOOi-OHOtO-C<ONSCO >4 *> O00J 9CCL

Loi 1bHe1o^Ub^erI bCIeIotIj jbf.ie

Cbe^wJ uo Sb3e <4

w

Qw

-4o->

HOw0MPn2

o >

Ua31

Q 3 ->t-i > o o

O CO

C&P/2 PQ O O

c
s m

Georgia Laws, 1969:

RESULTS OF REFERENDUM ELECTIONS 4935

OWJ"btf-<HNClO-OHiHWC--t-CtOUO1&1IO*4 b1PCOB ft?b@A31oo1AHS

0) thS

l7COO^ o t

llCtO>O'JJI|ofhilCCTOp'OOfn ur00}b55<u,C<oOiOiJD<(Mo5^--bx>Pt^MDCwH3'M^ CojP>S ^0o0Brr&cj0 1o^H <*1bcM<oj

W

<5 <5 ^

w

P8W

o

6 W

CPGPQ

0) .O o Tw33

m ws ws bfi o

W u <OH *oW *OH >> +>a >4^>>4- 6 OOI
CO. "H ^

Georgia Laws, 1969:

4936 RESULTS OF REFERENDUM ELECTIONS

Georgia Laws, 1970:

Georgia Laws, 1970: 350

RESULTS OF REFERENDUM ELECTIONS 4937

00lrHO50 O0(rMH0JC0CO0OOit--Ht-Ir-'0C0HLVO5i0"TlJ0wO-5?I,ftt-TCC>iOOIj t0Ot->H5O0CO0OrO-4CDOONrlHr-l0O0O0rtHN00ltr0CH-oCltooji

>2g pWi

00<N055'

C ?

g

C 5

cOq NO

4s?i0C0O ^4

<O 0

.Qa

I

25eo0a I

eSSoI?

CwrHD

^h00I-

111 IBiS i j. i i 1111 cm Mi i u 11-81 i 1111

H&aP">&H

w w 1to ffac. " O

*oH o0 Q42 pW2

Obhe o 155--2

CO CO <M CO

4c63s

W S

rHCO3 ffl W 3 Ss> a2h ,sC2

`TW4o<o3cO33 o

T4s0V-O>> fl WQ03)i

TO

CCOQO m

O+>OC3-> O-t>3Oc->

4-*3 4-43 s

4938 RESULTS OF REFERENDUM ELECTIONS

*C08) w QS1

H O w CC5QQ3
XOaS CQ >>
o o o

O>
> I

b w o

be e CQ CQ CQ CQ

&3 0

ffl 0

3 S

CQ CQ CQ

>w33 o m CO CO CO CO >c3 &

Georgia Laws, 1970:

Georgia Laws 1971, January/February session: 'County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961

RESULTS OF REFERENDUM ELECTIONS 4939

I S

H 1 r Qi<i->olHwH0-- O0bNiOljNOwi>-loKOb0Mf<lwOoN&O<<0N5l;fOlw-o^t-<H* 0j 2 f0fl) ^MO 2tQu)

MLCO0CN~<tD-lOX>tJ>CHI0P^t-0t-<-O05'MH0C<DMNl*0x>CtoJ5' HtoiI.&ICiif(liIo. C^iI oL bij cCio&L'Ii oHoL&ii HfIl!oLjbt,Coi

J,

0etf Ph

aw

0HWaa-s w +s w

o m 0* ^

0i)

oIo o

.O"fse

O o

> O

> O

CO cq <M <N

o&Th o3o

M CQ ffl M M w m

,u2 oo ai? a Ho oS ou

4940 RESULTS OF REFERENDUM ELECTIONS

i lO rH CO CO CO

lIcO>oCHt>O0c^5ToCjti>0C1cOo0CTiOofOc0iS5iOoT)^~'SHt(>M

IS rft ^

00 CO iOoc0o5i0o3co^,22.

l0NO0rCtlO-tO'lO0OTOOjiOHWTttl--'

t3 fiee OtituojOB <!

111 it i BHIiln O&OO&OObfio&cCo&fiSo&fiO&CO^O
C0fht) Oofht<

m H [*< o^f>o

Oh

Georgia Laws 1971, January/February session:

Hu>Cw-O9 M

^i3f

roft s

eifst a

ff3tt

POcQS

pCoq3

H v

s .is .is o

Obefxlh)>o^;

w w o > cq co co eg

WWW-?

s

&0s)

RESULTS OF REFERENDUM ELECTIONS 4941

0J5 ^OZDJlOOlNCOML0OlOCTtMMCtHOOlOOS^olOMo OCSjj-sb*SotlHo^TCa^--OOI-Cr^nOl'Oorl-OTo^^OiOCOOr> -TOCCiHo ODCtO-Nfcs-HU5

H.. Hc^<qN^CtoHOs

tlOo NH

O0000S

O0T0*

oCt-O

wo* bMfflaow<bjmfoao-\bfoaiof <bj afcfoaib<io.ip.ofabW oofab<ojofab-- o<}ofaboofabW oofab<oj fa fom a<bGjoXfl foLaj <bS1Ojf1O^a<bGiO I s

cC JW Qfa

Georgia Laws, 1971, Jan./Feb. session:

uHffff-aaaas

<bp1O

d o Sc3 o 11-39 3^. eNoj_l MOH <*oM
I 1 1 1O fa

co oo co

.2 s w S
fa U Q

.a :a foa fa fa

H H H Eh

&cO

For =10.399

4942 RESULTS OF REFERENDUM ELECTION D(HM- N00OCO
ao o oo^o

11- 2-71

2136 Board of Public Education

o 3

"W33

0) o

'>

Qo mcOS

o >

> O

O 3 O

13 <N

O0055

q a

Bibb

RESULTS OF REFERENDUM ELECTIONS 4943

0OCO5

CO0--0

O0C--0

Or0H

< 4C1l

COHO

n455JChO<ID0

eo 4d )

iH

o oo lc: ia oo o

t--i o t--

0C45O)

3 < % MM B <SMJ GyO9f1aoLfr-l< m b5!e04g2>foia<Ib51oWIfo^Sa1j<1bCvJostbr**.;5?S?PoL*fi-<aj i<b^HoJfoLai<b5,!o

<t>M

o*Jag 00

0<oN0

Ntt>- N0t*-0 N*0t>0 iO 00 00

cbo HOic-nHLTC0cOO5oUCO5 fa o0tlO-0Tl0tOX5 M

:!,.ot5

Georgia Laws 1972, January/February session:

o fOua> otiorooT- co oi0oo5
MfBsnBi 500

4944 RESULTS OF REFERENDUM ELECTIONS

0c0o33 0iOa5 00O33 CO05OOi0--^0lOCCSOO 'T"5O ^C , UHo-0To5-^

, 0Ct>O5 oOt- HO rj< 01-4 o00 IoD iH O

foe be o <m obRo$o^<<oRu_toIm ?R ^o boB ooflbp^OL<<bPI JJo.V rOII* SCIIR oHI SbIIo|Oh 11AboP

I ba O bo

m

Qb

Georgia Laws 1972, January/February session:

RESULTS OF REFERENDUM ELECTIONS

4945

t>0<0>90t0h0

ho Q<

ccCCslU&eaOsto-O>C<'tJ0fVliO5oocW0oo5'ociO0H's3-

OCSt W1l<O0^<tN>9<^

A NNOtCOOO tOtoO-rfOiT'ttf>'^rtH-HOT_HCO5lOOtOOT(CfMOtOOCltOO-OTCcOoOOtCOOOreHOCo^OrO0-JQT9O^HoHOfHt^TottO-j^l'H^OlOCOCOOO

'foc<b`!o81fO>c4b<KIOJ sboaJ^23S1o1b<KO11o(hb<Oj4!lM| pOj PibSoa hoI bioo^1b1Eo1o^bioohI bioohIbSioio^IbioohIbioohIbotiao^Iboio1b1i?)

rt Q w

Georgia Laws 1972, January/February session: u L. 1973, p. 2268 changed date of election.

c W W

HuhwMpCO

bo m

s s s

S 3 w

wT333

o S s o

o O S s

W M PQ *H

PaoQ

.2 .2 -a UPQW<J<<PQ

bo o

mmm XUa

X) Q Q Q Q W

H fc fc

Georgia Laws 1972, January/February session: 135

4946 RESULTS OF REFERENDUM ELECTIONS

I !

C5 o c

2' _r

33C0JO3-iOOO

CO 05

to>

0Ot03-.Mi00f30lNi^to0O0clHiLHOiOrCHxOMor-MwrcHOOijOT0j5cHMtq'joOio0Or-0oTM^jxo''uc0sq3foi:OooHxi'O0rxOcNor^'c' -eOt-

5 bO4-* 1 mm
3

I34I

bo oJ-4

II

be o

o

1HHI HUB MB mIii boobooboobooboobooboobo^obonobo obo

U

<M 03 03 03 QW

U H W PDCQQ

1.cC S2oO 2 *25Wf5l ^OffPOic 2E.ww2l

ss 2

o w w w

.2 ^ m m m

U O PQ PQ bo o <g& Tj< 03 CO 03

OHO 03 03 03 03

O P P e

ac3 a a a a ^

9S s s

RESULTS OF REFERENDUM ELECTIONS 4947

^? C0(N0OOCl^0Of0c^0-H^COlO<rCI-'^O^50C00O5<'!Onf0T'r^-^lIt0MOCT'JjC<tSH0O5CSCOC00N5I0CiC-^HO0OOiHOtHCCOQClL'J0i--Ct--l<(TlI}O<0CiOtODL000O^0O(tM-OTCt-`^O0^O550O00O0CC1t0O-ilCHOQT<-CN(C5C0Ol0Oti-To-O<lfaNiHl0O^i

1
o

i&jDo1

biX)o1

h bfio CJ3

o1111&j1Do1bx1Jo1Jbbicf,lioo1b1fb1io1o&11h &fl0oo1&Ijooh |!bUao&k 1coI&n iflolbn lfloI&fI loMbfl

OJ <M <M 03

QfSWj

50 IQ 50 m

Georgia Laws 1972, January/February session:

uH>CpmW-O5

XPQS

TWoaP3 OOc5 ^WoPd

TWP3

>> P >

O. XLo3<

PQ 4f>->i>

.ot2wO oO <a*

> {

0MC*3 ^^O. I000lO033 C0<0MO33

CO CO CO CO

u99e 43 p

O 89 TO TO

rbd

s

O o > PQ oh pq w
et fe

4948 RESULTS OF REFERENDUM ELECTIONS

HH^oHainfHct-c'OT<iMfoTo0i-f5iTot}0i*coo0o

hOibfin Oin b^ ho

n 3

OU1163J3

Ow

Georgia Laws 1972, January/February session:

OHwM"i

*cC C3/2

m _ >

-w33

6333 IO33O

ot>i 0000 3 o

b <! <; o Sgi

be o 52:
T3 W

mO

o fe fe is

Q+oe0S) Qao4)

RESULTS OF REFERENDUM ELECTIONS 4949

^ 00 $3 *I3 Ueso iO' 5522 Scoo0o5nihnoh50Wo;^ww|>o^ocooioo5nioS--hci*ooiiooomJ2S_1snoSi2mc0531V OJ1*7 l"SJ^M 5 rEOH3 M &0 O Si Oy bC SH 0.5 SoB O bbH O Si i.00 HI
r: -9 a ^

9 HP

CtHO 0(M5 oo a

CO CO CO CO

**Tfcit-f*T*c*-

IQ lO 00 00 t>

Georgia Laws 1973, January/February session:

EUWh MP72
pOqM3 > B
bC8o^

u 9 9 e

bfl .~52fpPa*h

&92 15

<1 + CQ o

+9>=*>*:

W-2

O

TMt93-t

"hd <o+H

TsS3h C^>Q

o,sv

<*

<*!
>> I

X0c) 5 o -*>-> 6

> XO093o5 O

Og>93OO"*OCCQO |t OUa

O

OW

H *

7>2>Ug

CCTt-OO* CCOCOO-

CL0COOO0 0CO0O50

0c00300- stf0co-3-

JSS

d

r<o*11

QS30)) X"gc^o

oa

gC9 *gJ3i.

4950 RESULTS OF REFERENDUM ELECTIONS
LO(MOJl<COMO0O0OOtSHTO-|tS>tC-yC-OH<<CINO<o<MON I"M oa>BoH<3ibo"Bo

co co co co +J a\ 15 WP

MPC/2

TwP3

e

So<Cj w C .00

s<u. o1C1O Ib >, B 0H1C0Oflg 11

o

Sr, i* K

M, i1 >*

to rtrj- roHs ,Fu(0HD4OH-SP

ctf C

CO

co"

J w4i P

o eg ^ .jsS*

0"*)0f5f*li pbDO^US- X' J OS j

35J^pS3 15bOl)1rW+_~2i

^mq>gO)

tcaQuw2>uJo.jwP-i

r O

'1XoC0hNoOH bOfDS0Hfi*tl..g'ooHc0oO<0casUso)bn^dQm-0>so_s3HhI2i ,^Os*^P|,,IeoPI>Hi^+~O<52I2u!|OXHSCO(fpag*|<!Ccc-iOi3)<t>ai.H^4l7CW3rgst*c~c5is32O?,

tuo .po,. .,,

Georgia Laws 1973, January/February session:

RESULTS OF REFERENDUM ELECTIONS 4951

W+o9 ^

0i--.5.I tltOo- CCOO c . .
^
os tH 50 C-- CM
^r<aU w<U

0CoO0o . ^
03 t--1 t<oD

>^oc ;\) o. 5 00 cn <N .

'I : O O O o &OC0.OO3.T00N`05 bt--tcC
m

o

552O5?O; " CO Hi

03 0) C|5*>Sr 2ccoo ca oih r
!ta*o) IotoH.bn

pt0o>o3+Qoc>jq3-pot0o3-pow>03+o05m>3 n 0t3Oo*MC3CDO?3t0Go1 3^HtoGM3tD^o

=**: C--

^

=fc

Tf Tf=^H==T4*P=

d+-it

I

2 '**'

Q w

IA^IOhCOHIOIO H lO 4 CO ^ Tt T

50 iH

5iH0c*iOo"C0--O01OCOOC0--0Oj iCHO-0r)3<T5H0* hSj ,hTO-J

o g OtoS

Georgia Laws 1974, January/February session:

U w CpPQa

f<Dc.o2

IS ,2 S So

to .5

THH1ct($3oiS3i o^=2to.M*aMU.S

9 ow S-<

+> cM}|>S.:

Qo9Q rj

rgo9.Q2Oo

rSjpa3^52o^0acoonoCS&Pa3 Sg>occ3*g>dggc'*BJW*lt:S M:iOgHEfboo4jBm GI4Oo93s

6<! SGGGGmo

2 jj 9 c tH q > *rt go Pojh, -cgm1SS'jSf.cSi?J.o9><^oJ*3i2-!' H4hCo=H3O.^!2SHEo<n`oCpW'_OwaOEpeOO-Hio*Oowo4-1 2to;-hcsIj

bCJo o 00lC>O05 000O330 COTt>OjiOC00O00t-0r0HO35 000C300O0O530lC0^CO3lCCrOHOO 000O0335C^00O00COCO0tt0-*05lc3>^O00300t00r-3HCr0l030O0l0>3550OOH3

S 3

14*ir00O>uHa34)

TP^rfo4h*n-t| g*og>g2J'H>oOo60i m-q wo

W W H oo 03 CO O

uf9i

papa 24_m3q C4oO%*1-iQ,_e0^S4JhO4429S3P3O442SP3O3 4OOgQM^3J Q44O33 Ja>(aJj)Ja>aj>J3a><j)D3C2'Qe^boc*JP3Oo92*e5oh

4952 RESULTS OF REFERENDUM ELECTIONS

*> ojS o m o o o

_E"5G

tl>cO.>n.qT5O33

03 Cr|IHHOQ 1a^10)>0 gt^Hd.>.2-''.m2VJ.

>1

Q0

Georgia Laws 1974, January/February Session.

H o H CP7Q2

^+Q3a32>J

~^C +0->)

.

Wm

.Ja=2js 3"S|C'-t*/j.

^MW.*.3H XOO2T.*3P^w*

TS3Jh^>cS0Ap

!I 03O<i&fEt--C2<

S

>W S 3
Oc Oe<-D (4(3jr OH OH .4- P4) -0P) <ah) Q* =Q**2

RESULTS OF REFERENDUM ELECTIONS

GENERAL ELECTION Date 11-5-74
"Common Day of Rest" Act of 1974 Ga. L. 1974, p. 186

COUNTY

Appling

Atkinson

Bacon

Baker

Baldwin

Banks

Barrow

Bartow

Ben Hill

Berrien

Bibb

Bleckley

Brantley

Brooks

Bryan

Bulloch

Burke

Butts

Calhoun

Camden

CCaarnrdollelr

Catoosa

Charlton

-

Chatham

Chattahoochee

Chattooga

Cherokee

Clarke

Clay

Clayton

Clinch

Cobb

Coffee

Colquitt

Columbia

Cook

Coweta

Crawford

Crisp

Dade

Dawson

Decatur

DeKalb

Dodge

Dooly

Dougherty

DEaorulgylas

Echols

Effingham

Elbert

Emanuel

Evans

Fannin

Yes 590 274 300 109
1,901 566
1,501 1,704
578 442 8,536 439 189 341 344 1,604 545 786 166 367 3,619867 1,440 177 14,278 153 1,322 2,424 6,525 116 9,965 144 25,632 629 1,168 1,113 423 2,622 338 537 485 515 579 54,127 470 314 3,887 2,925978 66 627 998 803 231 829

4953
No 692 245 603 253 1,989 709 1,830 2,407 1,127 1,142 12,667 888 303 916 447 2,441 797 929 429 430 4,329311 1,424 198 12,039 116 1,281 2,830 4,853 242 10,231 379 21,237 1,493 2,701 1,687 978 2,470 455 1,303 317 199 958 40,882 1,835 684 8,146 12,,801854 74 1,039 1,765 1,353 676 729

4954
COUNTY Fayette Floyd Forsyth Franklin Fulton Gilmer Glascock Glynn Gordon Grady Greene .. Gwinnett Habersham HHaalnict oTc.kf Haralson Harris Hart Heard Henry Houston Irwin Jackson Jasper Jeff Davis Jefferson Jenkins Johnson Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin Macon Madison Marion McDuffie McIntosh Meriwether Miller Mitchell Monroe Montgomery Morgan Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens Pierce Pike Polk Pulaski Putnam

RESULTS OF REFERENDUM ELECTIONS

.
;.J..A ,, .'. .

Yes 1,752 5,764 1,415
513 56,902
674 96 2,067 1,477 524 962 8,846 1,215 5,131613 1,289 908 420 351 2,125 4,338 285 2,166 352 250 405 279 373 826 748 115 1,839 410 385 236 149 2,069 1,043 541 731 167 707 508 1,501 83 697 906 206 791 414 10,456 1,832 848 698 1,350 874 536 311 652 1,973 430 565

No 2,153 7,222 1,576 1,502 38,497
825 201 2,658 1,428 1,273 1,101 10,024 1,281 3,750134 ,1,616 1,322 1,408 417 2,638 5,170 676 2,042 493 522 1,380 489 990 1,147 855 290 3,649 837 567 565 254 3,382 504 765 883 368 1,336 418 1,520 210 1,688 1,058 611 1,186 492 12,112 2,364 877 684 1,643 1,339 443 540 713 2,009 566 545

COUNTY Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor TTeelrfraeilrl Thomas Tift Toombs TTorewuntlsen Troup Turner Twiggs Union Upson Walker Walton Ware Warren Washington Wayne WWhebeeslteerr White I Whitfield Wilcox Wilkes Wilkinson Worth
TOTAL

RESULTS OF REFERENDUM ELECTIONS

Yes

85

618

.

334

7,477

1,811

117

514

. 1... 309

2,867

698

183

1,119

320

70

484

520

435569

1,315

940

975

353335

.

.. 2,550

334

v.

427

1,330

....

2,145

2,104

1,397

1,363

173

1,035

660

29597

941

2,030

239

439

395

423

434,559

4955
No 142 701 790
11,596 2,032
171 740 588 3,258 1,673 329 1,925 326 192 960 741 1,907672 2,173 1,716 1,640 624370 3,831 870 696 548 2,115 2,264 1,786 1,910 364 2,037 1,118 619287 562 2,274 759 1,531 765 1,203 363,947

Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

4956 RESULTS OF REFERENDUM ELECTIONS

in 10 OtoOCOlOCOlrN_H~<rtQ2j T..*h^N^c>o<^N <oW&sJCcioqO& Coc|ooO&^|i^.-B*.i -iBO2o0sHBgHToepiSeE^f0oO1so6tta.^0Oofwtop:tEp^o0OofMS^t rWrr fO Q2*[02 ^S ^0 ^2

1 lCHr0.CboOH0J.3OOt.5cC0b>-.0ozi#oq0MSo1--^o031Ccc[c<.^O0b{oS'aOCHz>OiiB5 CCL<LH!,jsMOOOO4jaC5CJHOOsO0CB-f*_01cO55?^*. bOOCtC"H Ho-Sqk50Z^4o00.)icfC.<<I;f(cTIJ11^--ftTHHLbO.Br-O*.o1''P-35C0M2*O5<fOtiobB.ePNO0S.fiCH(0hMo&C.O0.j'0MmcCH LoS0---qOO-iO)CS^e_^JCOShlmHol0

LO 0*

0

C.O.
c

<t>!IHE4>c<q;

0 q

W P|ch

LLO- LtHO tLHO LtHO 2 LO LO

js Oh

C5q0t1H-1tH> lrHo W tcHq 50 50 50 Tj< JO?1r-H1 00

LOi^'P*^COCOLOLOLOC*OC"fOt:lO Lc--O LtO- Lt--O Lt--O Lt>O SO^r^THOTf-^T^OO-^OOO OS 5cq0 Oih 5cq0 ctq-
3 LO LO 00 LO H LO fc- LO 00 O t~ tH OS 00 LO

Georgia Laws, 1975, January/February Session: This Act ruled invalid by U.S. Justice Department on August 18, 1975.

W H 3

f0oWmi+T0a0^0a>3))+Tia000>d3> ^CMO ol 3 p .2 g

O m

<C^aj!hE)jOh^ wgO0 o.wO0O oOh Twro33j

momaO)fM.i22ijhO>0o0)O>o00if^-^He> CQ

0<? 1k^.Sf|t.|Sfst! So o03

abO.Se^o

CO fW0 > 4) fl
CJWgCO^oQOSS0H'>t.QSg02E0v3.H-EPo.i303--OdBsO2Q'sgu^.5kMgoS^T^W "shPH.fC5Q3tQWC U^.Q^tO3wO0J00g22JoO33''.+H -X-0-OQf30UHw0oOH0g<Io0Jh3>uHl-.'OO-gcoh202H3g24,,7,cSC20on1>Of')UMs g,^6ur5Cgam00ooc0MHHH"Coi'-BBOo+0I.QO0opH0oS2>TMiHo-Ho40C0O>03O00M3*HJHCT'4HQ>mT500poO0H0QJ034J1l_--^c.m'gU1JS^C00V2/05-21.) M0.O+'eH oO-|oBgS2 .M+UiT_os2OoO03ShIji!Jo.UMH -'P2Po00o>0boOsWh-HOM'O>200oo0oh0SSO03H'.O3Shf0o.00W0..3
iHO^ocOc0oSqtc-toHWqsO^bLct*HqOcOcqMLoHOcOqtH6cHCoqtqs^-oitOc>ToOCfcSoqOCo-Os0^M-M^^''HM^McLtoOt>-cO5rqtS0CctHHq-

0



.<f0SnfttJrC0hSQ' *_C~^0Qh'BP!0aQV)BC00Q) 0'Cao5Q

^ W5f0c4

0 -

2 0

a)`

u0 ^ 3

":'S5lc-,,r- c,,:

:g.^ "-22

OOOQQQPOOW* WWffi^CL,cn

RESULTS OF REFERENDUM ELECTIONS 4957

>iI"OrHHJy-Nti-oc-Oto-9WCM'0

% gEbEo%gbSoE<i)

bcJD

-2Ci'oiOCo'JliOC<1O0c0^oHi(aMtOtHMlCOM

.u.

Joh

o ^

jP

fs6S<h

fUoe

fsoU<

*

t- o h co co co co co t- cs
--* 1cCs

Georgia Laws, 1975, January/February Session: *Date of Presidential Preference Primary 5-4-76. #Date of General Primary 8-10-76

--o>' ^aj

EOwh 0Pm3

w cpfS<t p icS,e22o "h5 -fofglts

s >> I 5 s

w

0'^sC3o)OiloCOJ-Ow'ds&*-'OiSOilc<C3xoSo3J<--'pr2rcS?W1&-ooC-1 j;ib&f-i>DroOwS th 'yO j>jj>j >*nh jtjo^ 5_.

I allOOsCiOo-C^OcOoHCoO^sOaHsCNc-OoHeOoOHcOMO I lOCaOOTOt^-O^O<SfMS^t<HCMOCOC(MOrHC(MCOMCCOT-}<OCcOSmO<Mt^

CLCT<OOtIC^NH<t'1OTcCOfoO-C^O-C^CSOciOOCoIOPN^ClW<O^1cCCr Uo 2bS-o=g fc. g' o-J!-HT-4TMsC,3
Sft-*oj &os Jc2 Jpr'b.*2. *=O.1X3

'S2Cg^C.T4S5COOOEPc-3>SSSJ<^r'bo2g"gc32osT.arC^2?s mP30

xj45O*-si-Wc*Co8Ss Cr-cC3 PoohPo*hh Wc>sd

e~?xfOf3Qxnl

XOPSScobathsi>

"C^oSs s2

4958 RESULTS OF REFERENDUM ELECTIONS

00 CO CD 2 2 T

0C0O00 r~_

CltOHM

CO t>

05

tO

t--I

03

.

.

171(0??^

o o o efo3tof6trofooJ,t(E.CMw-

00 tw-

sojz;

o0CM4.M0s1.

Ct.Oo. Pm

So o mm .UTOrcSolUOCScclCOqMo

o 0055H

HTrf4f7H3C1i -OP

>^O7 lO

^*SO7 0 ^

KpHl

PhPhPh

l*K

o to 21 o o o e

H C1C-OO1 1O.U0. bfH lo0050 c10-IXf

M1 0 !N05^

T

'IIOCt-OO00O50 <CtMM-CLCI

to pH

^ CO 0C1O >C44O1 4C1O P40H11 OH kS. 'ki

H>C0HO) UC<DO

CtO-tC'O-tC-OtC-OG'1tC-CC-O *ct-of*cco-*cCo*c-oC*co-*Cco*-cto-*cto-*tc-otc-ot-c*to-*cto-

Oi CM CM ^ 1-H ^

CM

PS

LOLOLOLOLOlOlDLOLOLOi-iLO

Georgia Laws, 1976, January/February Session:

4dO->J -<fPDl -CfPDl

"sd4b) H(5

"02dt3) "

TsfC0"3l5),j:Uj

o ?

'tG<cOcy:j 'GtbO41:'S4tcO1Sl)

S_ r +?4-h>1 T'JDr

Ian> d) d1)>CCl o1f0l *rbCb4>1Do,>Oab4>ior'4aOb>1e ap4aIs)i o68 '5'- sss|| 5O4 8O4 'HOtHo fil -*>->>+>j4>->as ooboS

T|o&Sc4sccocHa|33115:,E-W 012IJfJ31lcOfWcX3O-Jll,Tj()-ioCo5oo*ogggCPdOO0hf!OtI<d,mOI-oO(4WMjCPcoS4oI)J1.c.P1SXj,jC0a^0bCSrI1S)A-^STp0Ob4H^C32h3So,-JTn^w0w44cb-0cCu3*o4))o

Jg3 4) Os

f3t+wJ c,o _on_ .^2-^tSi4n1

C

} 5 41 O

BaCg0OO) '4f44w^a-B>l1S>) H foMBl,<-c4O41os .S

oOrcCOfolJ

o42gII1.t'r'o!Ot

"11i 1

Sco tf3a .23 oj 1

"p.fSa oSf-a11

fOSa(W"pSOfai)siUC'oOgSQwUT'6sHfSQ-SU=SooOOM^O'W?sH.'Jr,8cCsoS5SoW'-TMOhus3 Q'mCoEW'-0-ohoObS5.!OCh'ffOO4d/T<3tl-SxCc,2b,D4O

bo O

0<CCM0O- C((0MMO0 O0O^5 00C1-0O04

00(CM0O0 1CC0-MO0i 0l>5 rC0(tMO5 0tC>5O CC1COOO0 00o(M50 C0CC5OO0('OxiMXfCHMCOtCD~CM0O0C01CML0O0CCCCOODC0IOHaMCilxOO'^}CCOOMlOCOlOOC0C5i0On(0L'Nx5^-

T3 T3

,,5^43)np-1 ioOb*uo Od n ro CuQasUdO-rO: JO5 OO Q41

feiI, OHg CS.54Cia--W1OS C4d^1O5WbCC. ojdC,bj4ecf3Plf2lll<S40c>o51^4^4ofO5l) ODOfw4l1.jH5eoHsj

RESULTS OF REFERENDUM ELECTIONS 4959 o0lO0 oOC1O0 ^0o5 (oC^MO 00eC.oo00.vCfglOOg =H==ti==tt:4t= ^ <+V3y-ai3C-d>Jc03mt)o-0m3rjj)mOg,,gig
Q0

Georgia Laws, 1976, January/February session:

HowCP0"Q35

H>Vg~i>rO, S'rt .3 si
UK

Vbe O.

0*

"gS-<su o

i(Us>m

c3 c3 QcOHQOc0HE)s<-WtoJi

4960 RESULTS OF REFERENDUM ELECTIONS

o O

C((MOO<"3OM< 0LrO0l

r392'3P3g

*7 0 0

aH)--i tf 2

c-IoINioCO^Mo

Cti--~Oi Ct0-O5 C0oO5

Wtl) W0) WID MCIS ,C3D

*0t-0tl->C*00-*LCO'tt>'t-NUt--

O Hft

t>

<mM

ctlHOo

'cH'tof

05 10

t- t- t- t- 00 oo OS HCOe ,(NI ,

Georgia Laws, 1977, January/February Session:

* 0433 .Hbab<S>vhoe H c/2

CIS

.3+3

E>Uwc"ch9 p03

PO>Q>-*5W~iS}I)<>,J -H.OsfcSo0BrH>HIit)t>S1OWW'TSs^O>3pocsClsj,>E-oCo?2sSs^oish-QIs,33s.'wP-7Ootggco322-1i3Q>3'g.wowT.^-2<cSc<p5JhSUIu3-i3y.g3M'M -OfSS-cOHa-r1i5ij>'tp-OO-4WOc3SJ2oOSg-jO>Wo'P+O+gmqgPSrBOQSpOts-|W>C-ip'O--r0I+cgPOg|SqTth)sJsi-.4C'JOgSop2Pff0J-/II2Jt..iO**"3^Eo>H2S3I CWO'ooPo^WPQs-{p.tt/mPS2f2-<l

0) ^

1

s3 2I

.+cO-2>1^P2-09p

So> o^ O10J

rwj


rn

_cc-i

rPn W<PUu^_c3.

nbci.se

o ^

0OC0O01HC1C<O1Hl^OOSNOlCOOOS ICOONO N^OSJ

H0Ot>0J O(UONSSJ U(O1MCSS C0itn-O00C0H0O0 COu0O0Ss COt-Os

r5- ^o ow0 .j Qo) C^ISIi 0>).>qj>rPC2SQ r2PWG BwOm flWmft, P|Oh2cU/S2 cU/2f-c&/P2-cP/24-EHHHJEO-|<

t- p oj ruCISaH5r Sg Bg -g g^*2fHt.aem2oiSs fabtsos<Sog9 OEH^

RESULTS OF REFERENDUM ELECTIONS 4961

oI0O3sCoLOOs

0ho-oSrcLOlnoJ 0-COoMo-0010lSo

/tn

CO 00 _, h2k@Hcio

XKjH c>-o1 CO otos

s

OOOOOoOOOO o o o ~ o o o o o

OCCOS- tooOoo 0('--N3'^--l*OOCS-OCOIN^OO<ON^tO~*tlNOLOoo*C^tOo)

*>-1

g.. ]mQm0m)cmimvmv9m);;$ui

>t

><

-BO-ln~ l--l;,0!0lS53S'*tC0tO0ic0io3rCoaSO

OO'Tt 00 *00 *00 00 *00 *00 00 *00 *00 *00 00 *00 *00 00 *00

rtji Qa

o0l3Oa+O^t>/o^1-1sOoiOoHit-TTijfiHt-iHt-io-OiHoHioHit-Hti- il1t-oOHitH-i1H-ito>otHc-

Referendum Election Results: Acts of the 1978 Session of the General Assembly

U W H 03P33

^W3 &Sh

c.gs TXOcO3^3 'OO3^US3 <uSbIr3UjeCB-O>3->> >> oJ>

<M H O C ^ g

TPJ3*Q-3h>

TC>eVQ3Gh-^'rootjI;--XAO43-!*TJ TOO33f3*

^ C<OL_>.

fIPC3OQ1

I 'PTaOHh*)r^EC-3h

h r3r O be 43 *rt Hx3>>>uvbCMfwl >K<3_aO, fZP3KvOs.mZ.Jtg<:s,|ZW-<.W *>3|H 1,^.3c3_3**mS<wmOh

co O H >3orac3n>=o>xh^+*o3XHW,3V.so3c2>.033HM--g>5. *-+O3HOwo"31^H.Ig3.5ugc"05KoM'r3-3WoO3c3jCW1eum_"?g8o333eo.u0+pr'WO33SOOc3o3CoOOm'"5i

CCt---O CCtoOO OCOS

OCHTJfOOTCtOf'OCOOOSSO^CTCODlO'OOTCO}OOO'(SNO'^CCliO>OOlOOCMSOCOt'OSO^'C^OHtO,tLH---^-tCNH-OtCOOCOCOt-NTCOlCOOi'OC^OOCWuCOO'O^^

CQHC3Q 3O

3 3 3 b3o 3 . .5 3 3 3 2.3 SS| :cac,!j Orcti,Oc3r,Orcti Occ-Ci Uqnj O^b ~Oo tQ34 ^Qa4s W3H 3^gQgt)K^^f-J3i3KooHjtajs

4962 RESULTS OF REFERENDUM ELECTIONS

N00 0000500

O O O o

0Ct-O5 CC0OO0 ot-

a>. Ta3)

Ma; otf>l CoG> 7a>3

o.g Sj

0) o

*0t>0I

*0t>0I

10l..>10

*0I>0I

T3 3

_Wc 1KJ

UHCw"Q5

Qo Oo

HufCoflfil-Oo03P) OoH3,o.. "g^ :=<c2u OM o^Sw'^Gbo3t>c--iu/5l2<.oH >o n1Iu <

C^C0O0-^TtC---Olt C0ot>M0oC0tP0OcCL0iOO0 -CgSC-Oi EregCHCQ eEXgo7-<3*Ert^ SM-oi ^cQei

G^S >?cHS>rC '.~3c ~ ,Ho--oa^aeQ2H>J4J'doC--Sa<.^aOH1t>J3'.g!5CG.,>r"->. XfI1;|0&J)isQJ QQH S S

RESULTS OF REFERENDUM ELECTIONS 4963

C0i-HO1

[Cl ..

r-1

00CO301300 003

03

hGOOOOCOtuOiOj-HHoCmOOJOOH

c5*j 3a

3 =ft =t*= 3 3 tf'S

4t=4fe4t; g=K==fef==H= 00"$ 23c*.'.,3O"'c0PSf'l<tc0+p2a3L,c0^2PfS-tl-- 3OM*0cP2f3h<tc0P2fJhtHc0P3f2ht0>03";H;i>0OS;4

03 ,+^3J

0T3tf CoO

Referendum Election Results: Acts of the 1979 Session of the General Assembly

How>C"Q* UGG>
Q;C M O'. LBUBl?WIfi3SPWQecSi L0^'t3fCCCOOt-UHCt-OhJ
OO^

rOC}O< CClOOO >5gg-4jxcC5Oi .-<0o2Py1 3co g>A| oi p,^ ^co<^U 0)
m-2 'Hv H

For any information regarding these ACTS and RESOLUTIONS please contact
DAVID B. POYTHRESS Secretary of State

3 SlOfi 03250 705A DOES NOT CiftCUutfti